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(영문) 서울서부지방법원 2018.01.11 2016가단255425

보관금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that the Plaintiff sought the return of KRW 200 million to the Defendant, on or around February 2011, since the Plaintiff issued and kept a cashier’s check to the Defendant under an agreement to return at any time at the request of the Plaintiff at the Defendant’s office.

(A) The Plaintiff alleged that the Plaintiff was in charge of KRW 200 million in the original complaint in 2004, but thereafter, the Defendant changed the cause of the claim to be entrusted to the Defendant in 2011. As to this, the Defendant asserted that although there was a fact that the Plaintiff received KRW 200 million from the Plaintiff in 2011, the said KRW 200 million was issued to the effect that the Plaintiff was in a male and female relationship, such as the Defendant’s religious system, the indication of the margin for marriage acceptance, or the amount of the audit of the church that the Plaintiff was in a marital relationship, and that it was not kept under an agreement to return at the request of the Plaintiff.

2. The Plaintiff’s assertion that only the descriptions of Gap evidence Nos. 4, 5, and 6 (written statements) are insufficient to acknowledge that the Plaintiff stored KRW 200 million to the Defendant under an agreement to return KRW 200 million upon the Plaintiff’s request, and there is no other evidence to acknowledge it (On the other hand, according to the records No. 8 of the transcript No. 8, the Plaintiff’s assertion that, at the time of attending a church, the Plaintiff, at the time of attending the church, he was able to see one son’s thickness, which seems to have donated KRW 200 million to the church). The Plaintiff’s assertion cannot be accepted.

3. If so, the plaintiff's claim is dismissed.