보관금반환 청구의 소
1. The defendant shall be calculated by 180,000,000 won with 15% per annum from January 4, 2017 to the day of complete payment.
1. Facts of recognition;
A. The plaintiff is the chief inspector of the inspection of "D' in Daegu Northern-gu C, and the defendant was from around 2010 to the plaintiff's winner (the plaintiff was a winner of the next generation of the next generation of the second generation of the second generation of the second generation of the second generation of the second generation of the second generation of the second generation of the building).
B. The Plaintiff received from the Defendant, KRW 30 million on Nov. 17, 201, KRW 20 million on Feb. 4, 2013, and KRW 60 million on Dec. 11, 2014, from the Plaintiff’s account and kept the same.
C. On June 30, 2015, the Plaintiff agreed to purchase an apartment with the Defendant, and around June 30, 2015, transferred KRW 100 million including the Plaintiff’s money of KRW 60 million and the Plaintiff’s money of KRW 40 million to the account in the name of the Defendant.
In addition, around August 19, 2015, the Plaintiff transferred additional KRW 140 million to another account in the name of the Defendant in order to obtain apartment sale.
However, around January 8, 2016, the defendant was hospitalized in a long-term hospital due to a traffic accident by the defendant's serious injury.
[Ground] Facts without dispute, entry of Gap1 to 7 evidence (including provisional number), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that since the plaintiff is no longer able to purchase apartment units together with the defendant's traffic accident, 180 million won (the KRW 40 million out of the KRW 100 million remitted on June 30, 2016) stored in the defendant for the sale of apartment units shall be returned to the defendant, unless there are any special circumstances, according to the above facts of recognition, the defendant has a duty to comply with it.
B. As to this, the defendant asserts to the purport that the above KRW 180 million was unfair since the defendant received a return of money that he lent or received from the plaintiff as the plaintiff's winner or as compensation for the defendant's contribution to the plaintiff's inspection.
However, according to the above evidence, the above KRW 180 million is the money preserved by the plaintiff to the defendant.