1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. At the time of February 2, 2004, the Plaintiff offered a loan to Nonparty C, 35,000,000 won (hereinafter “instant loan”) at the interest rate of 1.5% per month, and the repayment on February 2, 2005.

(hereinafter “instant lending”). (b) The instant lending act

The defendant was divorced from the above C on August 2, 2005.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3, each entry of No. 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is that the instant loan was used as living expenses or house purchase funds of C and the Defendant, and thus, the Defendant, who was the husband of C at the time of the occurrence of the obligation, is obligated to pay the principal and interest of the instant loan to the Plaintiff jointly with C, as a result of ordinary home purchase rights under Article 8

B. Determination 1) A juristic act related to daily home affairs referred to in Article 827 of the Civil Act refers to a juristic act related to ordinary affairs which is needed in a couple’s community. The specific scope is not only realistic living conditions such as the marital community’s social status and the ability to import property, but also determined according to the custom of the community, which is the place of the living of the couple. However, in determining whether the specific juristic act is a juristic act related to daily home affairs, it shall be determined by considering not only the internal situation of the husband and wife’s family body or the individual purpose of the act, but also the objective type, character, etc. of the juristic act (see, e.g., Supreme Court Decision 200Da8267, Apr. 25, 200). The term “daily home affairs” referred to in Article 827 of the Civil Act refers to the ordinary business necessary for the husband and wife’s living, and thus, borrowing money exceeding the scope of money appropriated for living expenses, barring special circumstances, belongs to ordinary home affairs.