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(영문) 대전지방법원 2019.09.04 2018가합107835

요양보호약정금반환

Text

1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate from October 19, 2018 to September 4, 2019.

Reasons

1. Basic facts

A. On May 2010, the Plaintiff started living with the Defendant at the Plaintiff’s home from October 2010, upon the introduction of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a branch of a household, and on July 7, 2017, the Defendant left the Plaintiff’s home, and the relationship of living with the Defendant was terminated.

This Arrangement confirms the fact of the donation contract between A (referring to the plaintiff; hereinafter the same shall apply) and B (referring to the defendant; hereinafter the same shall apply), and prepares three copies under the following agreement with each other in order to love, respect, and support them:

- - Future -

1. On May 27, 2016, Party B confirms that the post office deposit owned by Party A was donated earlier on May 27, 2016.

2. Therefore, in the future, Gap and Eul will cooperate with each other as a cohabitant, understand the other as a patriotic and man, and make every effort to maintain living together by protecting the other party.

In particular, B shall each agree to protect and cooperate with Party A while maintaining his/her living together with Party A until the number of persons is terminated, and if Party B violates the above-mentioned documents without any justifiable reason, the amount of KRW 50 million donated on May 27, 2016 shall be immediately returned to Party A.

B. On May 27, 2016, the Plaintiff terminated the savings account in the name of the Plaintiff, and paid 50 million won to the Defendant the withdrawn amount. On May 30, 2016, the Plaintiff and the Defendant drafted an agreement with the following contents (hereinafter “instant agreement”) in the presence of the Plaintiff’s father and wife C.

C. The plaintiff was above B.

In addition to the amount of KRW 50 million stated in the claim, the Defendant paid a total of KRW 191 million (= KRW 980 million) to the Defendant as follows during the period of living with the Defendant (= KRW 20 million).

1) On December 28, 2011, the Plaintiff terminated the account in the name of the Plaintiff’s E Bank (the account number F) at the closure of the D Association, and paid 20 million won out of the withdrawn amount to the Defendant. On the same day, the Defendant is the E Bank in the name of the Defendant at the closure of the D Association.