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(영문) 부산지방법원 2016.04.22 2015가단212943
보관금반환 등
Text

1. Defendant C’s KRW 24,920,496 as well as 5% per annum from August 10, 2009 to April 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On April 2008, the plaintiff requested the defendant C to keep them in Korean currency by exchanging them into Korean currency, and the defendant C accepted them.

(hereinafter “instant deposited contract”). (b)

Defendant C opened three deposit accounts (hereinafter “instant deposit account”) of Korea Bank (hereinafter “Korea Bank”) with Defendant B, a deposit owner, on May 21, 2008 and November 10, 2008, as seen below (the amount of entry and departure by each account) pursuant to the instant deposit contract, and deposited KRW 128,139,000 in the instant deposit account with the Plaintiff’s transfer of the money deposited in Korean currency from April 2009 to April 2009. On July 2009, Defendant C received KRW 128,139,516,566 of the sum of the money deposited in the instant deposit account from the Plaintiff to the date of termination of all transaction of the instant deposit account on August 10, 209, and received KRW 129,516,2566 of the money deposited in the instant deposit account from Korea Bank up to the time.

[Amount of deposit in each account] Total amount of deposit in each account at the time of termination of August 10, 2009: D 98,139,000 won (interest on principal) at one ordinary deposit account at the rate of 48,162,654 won (i.e., principal amount of KRW 48,139,000) (i.e., interest rate of KRW 23,654) at May 21, 2008 (interest rate of KRW 5% per annum); 30,000,000, KRW 30,000, KRW 31,353,600, KRW 300, KRW 360, KRW 200, KRW 308, KRW 500, KRW 205, KRW 205, KRW 300, KRW 300,000, KRW 30,000, KRW 1,353,6520, May 25, 2008

C. The Plaintiff received KRW 100,000,000 from Defendant C on October 14, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 2-1, 2, 3, 3.

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