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Reasons
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(영문) 창원지방법원 2016.01.14 2015가합30282
기타(금전)
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1. The Defendant’s KRW 83,521,381 as well as 5% per annum from November 25, 2014 to January 14, 2016 to the Plaintiff.

Reasons

1. The Plaintiff had kept the Plaintiff’s passbook, seal, etc. on June 27, 2012. The Defendant’s withdrawal of KRW 85,521,381 in total from the Plaintiff’s account on June 27, 2012 (i.e., the principal amount of KRW 84,00,000) and deposited KRW 8,521,381 in the account under the name of the Defendant, and deposited KRW 5,521,381 in another account under the Plaintiff’s name. On November 25, 2014, the Defendant withdrawn KRW 4,281,047 and deposited the remaining amount of KRW 4,281,047 in the account of the Defendant’s husband’s husband’s account and deposited all of the Defendant’s account may be recognized if there is no dispute between the parties, or if the purport of the entire statement in the evidence No. 4 through 7 and 13 is added to the purport of each pleading.

2. The Plaintiff’s assertion that the Plaintiff sought the return of the money from the Plaintiff’s account because the Defendant voluntarily withdrawn the money from the Plaintiff’s account and embezzled the money by using the passbook and seal affixed thereto. As to this, the Defendant asserted that the Plaintiff’s deposit amount was donated to the Defendant and did not have been embezzled because it was withdrawn by the Defendant. Furthermore, even if the Defendant did not make a donation to the Defendant, the Defendant’s assertion that the amount of deposit was not paid to the Plaintiff’s wife and the Defendant’s money at the Plaintiff’s request or to C and D, who are the Defendant and the intermediary, around September 5, 2012, KRW 20 million, around November 1, 2012, KRW 200,000,000 around August 16, 2013, KRW 200,000,0000 around October 30, 2013, and KRW 200,000,000,000,000.

3. Determination

A. According to the above facts of recognition, the defendant can recognize the fact that he withdrawn and used 85,521,381 won in total from the plaintiff's account. Thus, the defendant is liable to pay the above amount and damages for delay to the plaintiff, barring special circumstances.

The Plaintiff’s 84,00,000 won on June 27, 2012, and 4,281 on November 25, 2014.

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