보관금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff did not dispute, around August 1, 2016, issued to the Defendant a cashier’s check causing KRW 80,000,000 to the Defendant, and the fact that the Defendant transferred KRW 30,000 to a bank account under the name of the Plaintiff C, an infant, around January 12, 2017, does not conflict between the parties.
2. The summary of the party's assertion is the cause of the claim in this case. Since the plaintiff delivered the self-Seizure ticket to the defendant and had the defendant keep it, the defendant claimed the return of the remaining custody amount of KRW 50,000,000,000,000 which was already paid, the defendant decided on December 22, 1989 as interest rate of KRW 24%, and claimed that the plaintiff received the payment of KRW 80,000,000,000,000.
3. In order to establish a deposit contract, one of the parties must entrust the other party with the custody of money, securities or other things and consent thereto (see Article 693 of the Civil Act). Even if there is no dispute as to the fact of receiving money between the parties, the Plaintiff must prove that there was a cause for such payment when the Plaintiff asserts that there was a cause for such payment.
In light of the above legal principles, the circumstance that the Plaintiff issued a cashier's check to the Defendant or that the Defendant remitted KRW 30 million to the account under C cannot be deemed to have agreed with the Plaintiff and the Defendant explicitly or implicitly on the deposit contract or custody agreement. The evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
4. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.