beta
(영문) 전주지방법원 2017.07.07 2016나2027

보관금 반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

On October 22, 2008, C began credit business with the trade name "D", and used the financial account in the name of E.

F on January 30, 2009, F borrowed KRW 1,1560,00 from the Plaintiff through the pawned Hall, and was paid KRW 9,10,000 after deducting interest from the interest.

At the time F and G drafted the debtor F, the joint guarantor G, the creditor, and the repayment date as of July 30, 2009 to the plaintiff.

On February 9, 2009, the Plaintiff completed the registration of the right to claim transfer of ownership based on the purchase and sale reservation made on January 30, 2009 with respect to apartment owned by F on February 9, 2009. In fact, it was intended to secure the above loan obligations.

On February 8, 2009, the defendant, a certified judicial scrivener, received KRW 330,00 from the financial account in the name of E and processed the above provisional registration application affairs.

On April 7, 2009, the Plaintiff issued a certificate of personal seal impression to the Defendant to use the certificate for applying for cancellation of provisional registration.

On April 8, 2009, the Defendant deposited KRW 10,550,000 from G to the financial account under the name of the Defendant, and transferred KRW 10,550,000 after deducting KRW 50,000 from the same day to the financial account under the name of E.

On April 10, 2009, the defendant applied for the cancellation registration of the above provisional registration and the cancellation registration of the above provisional registration was completed on the same day.

【In the absence of dispute, the Plaintiff delegated the Defendant with the duties to cancel the provisional registration of the Plaintiff’s name after receiving the loan from F or G (hereinafter “F, etc.”), after having received the loan from the Defendant. < Amended by Presidential Decree No. 20320, Feb. 1, 2007>

Since then, the Defendant did not notify the Plaintiff of the loan amounting to KRW 1050,050,000 from F, and did not notify the Plaintiff.