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(영문) 광주지방법원 2020.02.11 2019가단508092

보관금

Text

1. The defendant shall pay 54,00,000 won to the plaintiff and 12% per annum from April 2, 2019 to the day of complete payment.

Reasons

1. Comprehensively taking account of the statements in the evidence Nos. 1 through 6 and the purport of the entire argument as a result of the Plaintiff’s personal examination, the Plaintiff transferred most part of the Plaintiff’s income to the Defendant from October 20, 201 to November 15, 2016, excluding some of the Plaintiff’s living expenses, and the Defendant received and paid installment savings, etc. from the Plaintiff, while maintaining the installment savings and investment amount equivalent to KRW 106,269,794 as follows.

A financial institution’s account number (amount paid each month) at C.D. (Contributions) on February 3, 2012, 201- February 3, 2014; (i) KRW 1,700,000 on March 25, 2014; (ii) February 3, 2012; (iii) KRW 29,50,135 on January 12, 2013; (iv) KRW 60,50 on February 3, 2012; (v) KRW 60,50 on May 14, 2015; (v) KRW 6,50 on February 3, 2015; (v) KRW 10,50 on January 2, 2013; and (v) KRW 7,50,000 on August 26, 2013; and (v) association KRW 75,75,58,200 on May 16, 2018, 2014.

2. According to the above facts of recognition, the defendant shall return the above amount to the plaintiff as unjust enrichment unless the defendant asserted that the above amount was legitimate. Meanwhile, the part exceeding 54,00,000 won out of the above amount was returned to the plaintiff.

3. As to this, the Defendant asserted that he was donated from a person who maintained a marriage on the premise of marriage between the Plaintiff and the Plaintiff at the level of “Gu Do ”, but it is not sufficient to recognize only the statement of No. 1, and there is no other evidence to acknowledge

4. If so, the plaintiff's claim of this case is justified and accepted.