beta
Text
1. The Defendant’s KRW 100,000,000 as well as 5% per annum from February 17, 2015 to February 17, 2017 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff, at the time of marriage with the Defendant on March 8, 2009, set the lease deposit amount of KRW 90,000,000 from C during the period from February 18, 2009 to February 17, 2011 (hereinafter “instant lease”).
(2) Around February 2011, when the term of lease expires, the Plaintiff paid the lease deposit amount of KRW 90 million with the money created by the Plaintiff. (2) Around February 2011, the time when the term of lease expires, the Plaintiff increased the lease deposit to KRW 110 million with the Defendant’s mother money during the married life, and the lease deposit was increased to KRW 120 million with the money received from the wife around February 2013, when the term of lease expires.
3) On January 7, 2015, the Defendant withdrawn KRW 20 million from the lease deposit deposited by C to the Plaintiff’s bank account. At the time of the expiration of the instant lease term, the Defendant directly received the remainder of the lease deposit from C. The fact that there is no dispute over the grounds for recognition, entry in the evidence Nos. 1 through 4, and the purport of the entire pleadings.
B. Based on the judgment, the first lease deposit amounting to KRW 90 million out of KRW 125 million is the Plaintiff’s unique property and KRW 20 million increased around February 201, 201, as co-ownership of the Plaintiff and the Defendant, the amount of KRW 10 million out of which falls under KRW 1/2 is owned by the Plaintiff.
Therefore, if the Defendant acquired the full amount of the lease deposit of this case by either withdrawing from the Plaintiff’s bank account or directly returning it from the lessor, it would have obtained profits from KRW 100 million, which is the Plaintiff’s ownership, and thereby, inflicted damages on the Plaintiff. Therefore, the Defendant’s revocation of the lawsuit from February 17, 2015 to February 17, 2017, which is the delivery date of the copy of the complaint of this case, is about KRW 100 million and KRW 5% per annum as stipulated in the Civil Act, from February 17, 2015 to February 17, 2017.