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(영문) 서울고등법원 2016.12.01 2015나2073935

보관금 반환청구의 소

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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,007,640,000 as well as to the plaintiff on March 2013.

Reasons

1. The entries of evidence 1, 2, 3, 4, 11, 12, 13, and 14, and the entries of evidence Nos. 1, 2, 3, 4, 23, and 23 (including the branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

A. The Defendant is a company operating a mutual casino with “C” in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant casino”), and the Plaintiff is a Chinese person who joined the instant casino through F as a member.

On the other hand, F is a member of the casino of this case as a ship-speak China.

B. (1) On August 30, 2013, the Plaintiff first visited the instant casino and presented the Plaintiff’s passport upon F’s recommendation, and opened a card (which is the highest class issued to the highest customer out of the de facto card, throid card, frick card, and frick card) after opening the casino as a member of the instant casino with D and E, with the guidance of F introduced through D on August 30, 2013.

The Plaintiff, on the same day, was unable to carry a large number of cash when leaving China, and there was no way to resolve this. The Plaintiff stated to the effect that “I will keep the instant casino in custody if I send money to the Plaintiff. There is no concern about the fact that I could not find any money except the nominal owner of the certificate of custody, and there is no concern about the fact that I would be a casino game in Korea and in money every hour.”

D. Accordingly, the Plaintiff returned to China on September 11, 2013, received the proposal from G to 4 million won for the People's Republic of China, and 1.5.6 million won from E, and then transferred the proposal to 5 times more than 8,060,000 won including the above proposal from E, to 1.5 million won, and delegated F to 5,00 won for the said bill to be exchanged into Korean currency and stored in the casino in the name of the Plaintiff.

Article 25(1) of the International Act provides that the sum transferred by the Plaintiff shall be KRW 1,343,520,000,000.