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(영문) 제주지방법원 2017.07.07 2016가단1822

보관금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The plaintiff and the defendant are both parties.

B. On July 22, 201, the Defendant opened a contract amount of KRW 30,00,000, total interest rate of KRW 4.25%, and the due date of July 22, 2012, the account number C on the general server deposit account at the expiration date. On August 23, 2012, the Defendant opened the contract amount of KRW 31,111,810, total interest rate of KRW 3.35%, the due date of August 23, 2013, and the account number D on the actual server deposit account number at the expiration date of KRW 32,05,400, the expiration date of the deposit at the post office at the expiration date of KRW 3205,400, the expiration date of the deposit at the expiration date of KRW 305,405,205, the total account number at the expiration date of KRW 31,405,205,205.

C. Since then, the Defendant received a loan as security and recovered all the money at maturity.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 7, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the result of this court's order to submit financial transactions to Jeju post offices, the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the purport of the whole pleadings, and the term deposit of this case's assertion that the plaintiff's assertion is entrusted to the defendant. The defendant used the money of

Judgment

According to the health table, the above evidence, Gap evidence, Gap evidence Nos. 5, 6, and 9 as to whether the money of the time deposit of this case is actually the money of the plaintiff, the plaintiff holds the passbook and seal with respect to the term deposit of this case and the deposit before it, the plaintiff possessed another passbook under the name of the defendant, and the opening and cancellation of the term deposit of this case and the deposit of this case are relatively far far away from the defendant's address where the plaintiff resides at the time of Seopopopo-si, and the fact that the plaintiff used a tax office or Jeju post office relatively close to the plaintiff's address in the Jeju cityF.