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(영문) 서울고등법원 2015.04.09 2014나29737

양수금

Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay KRW 100 million to the Plaintiff and its related expenses on July 29, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the Plaintiff’s Mari (C’s children, who died on December 30, 2012) (C’s spouse, who died on July 9, 1993), and the Defendant is C’s father and wife, and E (Death on March 27, 2010) is C’s spouse.

B. E and the Defendant visited G post offices located in the F of Bupyeong-gu Incheon, Incheon, on January 21, 2010, to visit the post offices in the name of C, account number H and contract amount 100 million won.

H. The term “instant deposit” (hereinafter referred to as “instant deposit”).

(C) On February 21, 2012, the Defendant deposited KRW 100,00,000, out of KRW 100,000,00 in the post office room deposit (Account Number I, Contract Price KRW 100,000,000,000) in the name of the Defendant on the same day. The Defendant sent KRW 105,036,380 to the post office room deposit in the Defendant’s name (Account Number J, Contract Amount 105,036,380,000, and maturity 21, 2013). C transferred the Defendant’s claim for return of unjust enrichment due to the Defendant’s voluntary withdrawal of the instant deposit to the Plaintiff on the same day, and notified the Defendant of the transfer and receipt of the claim to the Plaintiff on the same day [No dispute over the transfer and receipt of the claim to the Defendant on September 1, 2012].

C No dispute arises that the following seals are made by his seal, and thus the authenticity of the entire document is presumed to have been made, 2 through 9, 12 through 15 (including the serial number, hereinafter the same shall apply), 2 through 9, 12 through 15:

each entry, the purport of the whole pleading

2. Determination

A. As above, inasmuch as the Defendant deposited the instant deposit in the Defendant’s deposit account in the name of the Defendant after cancelling the instant deposit under C, the Defendant shall promote the lawsuit from July 29, 2014 to the day of full payment, which is the day following the day on which the Plaintiff received the claim for return of unjust enrichment from C to the day of receiving the claim for return of unjust enrichment from C, unless it proves that there was legitimate right to withdraw the instant deposit.