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1. The Defendant’s KRW 32,832,00 for the Plaintiff and KRW 5% per annum from January 1, 2017 to July 10, 2020 for the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, around 2006, became aware of the Defendant’s wife’s wife as the Defendant’s wife at the time of the fourth year of elementary school. From around 2011, the Plaintiff became aware of the Defendant’s wife’s wife, and had C engage in monetary transactions with C.
B. On October 5, 2012, the Plaintiff transferred KRW 2 million to the Defendant’s account upon receipt of a request from C to pay the credit card price under the Defendant’s name, the husband, and upon receipt of a request from C to pay the credit card price.
C. In addition, upon C’s request from C to lend money for the foregoing reason, the Plaintiff paid off the Defendant’s credit card payment in lieu of the Defendant’s credit card payment obligations as follows.
The card company's temporary amount of 10,932,00 won (D Card 10,932,000 won) on April 25, 2013 3, 2013 : (a) E card 3,850,000 won on April 25, 2013 ; (b) 6,00,000 won (D Card 4, March 3, 2014 5, 500 won (D Card 5,3,850,000 won) on March 3, 2014 ; (c) 3,850,000 won (D Card 6,3,00,000 won) on March 31, 2014; (d) E card 7,000,000 won (Evidence Card 4,20,000 won) on which there is no dispute over evidence ; (d) evidence No. 131 through 31-4, 500,00
2. Determination
A. The Defendant’s joint and several liability and a juristic act pertaining to a common home refers to a juristic act which is ordinarily necessary for a couple to lead a common life. As such, the contents and scope of a juristic act shall be determined by the community’s living structure, degree and social norms, which are the place of the couple’s living. In determining whether a specific juristic act at issue concerns a couple’s daily home affairs, it shall be determined according to the ordinary social norms by comprehensively taking into account the objective circumstances, such as the kind and nature of the juristic act, as well as the subjective intent and purpose of the family manager, the social status, occupation, property, and revenue capacity of the couple
In addition, it is necessary to raise funds necessary for common life of the couple in consideration of the amount, purpose of borrowing, actual expenditure purpose, and other circumstances.