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(영문) 수원지방법원 2016.11.01 2016가합74701
보관금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff

The main point of the argument is that the Defendant promised the Plaintiff to manage the Plaintiff’s benefit passbook, and the Plaintiff, from August 26, 2008 to June 24, 201, transferred the amount of USD 190,986.82 to the Defendant from August 26, 2008, and KRW 52,958.13 (in case of converting the Plaintiff’s benefit passbook into Korean won at the time, KRW 319,371,276) to the person and account.

Since the plaintiff requested the return of the above money to the defendant, the defendant is obligated to pay to the plaintiff the money converted into Korean won and the compensation for delay.

Judgment

According to Gap evidence 3 and Eul evidence 5, and according to the purport of this court's KEB, but each order of submission of financial transaction information to banks and Nonghyup Bank and the whole purport of pleadings, it is recognized that the plaintiff remitted the money to the defendant 193,986.82, and 52,958.13 as shown below to the defendant from August 26, 2008 to June 24, 201.

However, there is no other evidence to prove that the plaintiff concluded a deposit contract between the original defendant and the defendant to entrust the custody of the above money to the defendant and to return it later. Thus, the plaintiff's above assertion is without merit.

2. On August 26, 2008, 20. 8. 10, 20. 20. 8. 1, 20. 8. 1, 20. 8. 1, 20. 8. 1, 20. 1, 20. 8. 1, 20. 4, 20. 1, 20. 8. 1, 20. 4, 20. 4, 20. 1, 20. 4, 20. 4, 20. 4, 20. 1, 20. 4, 20. 4, 20. 4, 20. 4, 20. 1, 30. 4, 20. 4, 20. 1, 30. 7, 292. 7, 2008

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