예금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
On May 22, 2017, the Plaintiff received retirement pay of KRW 38,838,420 from the Defendant, a father, from the Defendant, to the Defendant’s bank account opened in the name of the Defendant (hereinafter “instant account”) and used it for the Plaintiff’s purpose on November 30, 2017, by receiving transfer of KRW 38,838,420 to the said account.
On April 25, 2019, the Defendant arbitrarily changed the password of the instant account and prevented the Plaintiff from withdrawing money from the instant account.
Accordingly, the Plaintiff demanded the Defendant to continuously inform the changed password from around that time to May 2, 2019, but the Defendant did not eventually notify the Plaintiff of the changed password.
On the other hand, on July 11, 2017, the Plaintiff’s spouse and the Defendant’s mother C filed a lawsuit against the Plaintiff seeking divorce, etc. under the Busan Family Court 2017ddan206881. As to this, the Defendant also filed a counterclaim seeking divorce, etc. under the Busan Family Court 2017ddan209156. The Busan Family Court sentenced the following judgment on April 23, 2019.
1. The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) are divorced by the principal lawsuit.
2. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) 30 million won as consolation money, 5% per annum from July 21, 2017 to April 23, 2019, and 15% per annum from the next day to the day of full payment.
3. The plaintiff (Counterclaim defendant)'s remaining principal claim of consolation money and the defendant (Counterclaim plaintiff)'s counterclaim divorce and consolation money are all dismissed.
4. Property division:
A. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) 54.5 million won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment; and
B. The Defendant (Counterclaim Plaintiff) delivered the Plaintiff (Counterclaim Defendant) with D apartment and E in Busan Metropolitan City Shipping Daegu, Busan Metropolitan City.
5. The costs of lawsuit shall be borne by each person in combination with the principal lawsuit and counterclaim.
6. Paragraph 2 can be provisionally executed.
C May 15, 2019, Busan Family Court No. 2017ddan206881.