보관금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff and the defendant are the defendant's own consciousness as the plaintiff.
B. C’s passbook amounting to KRW 20 million on January 23, 2017, KRW 40 million on February 6, 2017, and KRW 100 million on February 28, 2017 were withdrawn.
C. C died on March 8, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 2 (including branch numbers), the purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion that the defendant withdrawns KRW 100 million from the net C's deposit upon the delegation by the network C, and thus, the network C has the right to return the deposited amount of KRW 100 million to the defendant (hereinafter "the claim to return the deposited amount").
Since the Plaintiff succeeded to the Plaintiff’s claim corresponding to the Plaintiff’s inheritance shares (1/2), the Defendant is obligated to pay to the Plaintiff KRW 50 million and damages for delay.
B. It is insufficient to view that the net C has preserved KRW 100 million to the Defendant only with the descriptions of the evidence of Nos. 3 and 5, and there is no other evidence to acknowledge it.
The plaintiff's assertion is without merit.
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.