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(영문) 대구지방법원 2018.01.25 2016가단36536

보관금반환

Text

1. The plaintiff's claim is entirely dismissed.

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

Reasons

1. The plaintiff asserts to the following purport.

Defendant B is the father of the Plaintiff, E, and Defendant C is the father of Defendant B, and Defendant D is the husband of Defendant B.

The Defendants conspired in collusion with the Plaintiff’s house located in Daegu-gu, Daegu-gu, on March 7, 2015, embezzled KRW 129 million by arbitrarily consuming KRW 60 million, and returned only the remaining KRW 69 million to the Plaintiff on October 7, 2016, while receiving KRW 100 million in cash and cash from the Plaintiff.

The Defendants shall jointly and severally pay the amount of KRW 60 million which has not yet been refunded and the damages for delay thereof.

2. According to the evidence No. 2-1 through No. 3, it is recognized that Defendant B, etc. received KRW 69 million from the Plaintiff on March 3, 2015, and returned it on October 7, 2016.

However, as alleged by the Plaintiff, as to whether the Defendants received additional KRW 60 million from the Plaintiff as well as the above KRW 69 million, there is insufficient evidence to acknowledge it solely on the basis of each description of evidence Nos. 5, A11, and 12, respectively, and no other evidence exists.

Therefore, the plaintiff's assertion is without merit.

3. Therefore, the Plaintiff’s claim is dismissed in entirety.