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(영문) 서울중앙지방법원 2018.03.23 2017가단5094207
보관금 청구의 소
Text

1. The Defendant’s KRW 140 million to the Plaintiff, as well as 5% per annum from May 19, 2017 to March 23, 2018.

Reasons

1. Basic facts

A. The plaintiff has 1 South and North Korea under the 1939 birth, and the defendant is a woman with the plaintiff's dead age.

From around 2009 to 2016, the Plaintiff has been suffering from various diseases, such as chilling chilling, luminousing, luminousing, dumpump cancer, and bean cancer.

B. On September 201, the Plaintiff opened a regular deposit account in an amount equivalent to KRW 140 million in total face value under the Defendant’s name and withdrawn the maturity, and thereafter opened a large number of regular deposit accounts in the name of his/her father and wife around that time, but continued to re-deposit after early termination or early maturity according to the interest rate situation.

All of the bankbooks used in the process were kept by the Plaintiff, and his/her father and wife, including the Defendant, cooperateed in the above transactions by providing the Plaintiff with a seal imprint and identification card whenever requested by the Plaintiff.

C. On October 13, 2016, the Plaintiff opened a regular account with a maturity of 30 million won in each face value in the name of the Defendant at the agricultural branch of Newdo Agricultural Cooperatives, 110 million won in each name of the Defendant, and on October 10, 2017.

(A) The Plaintiff demanded the Defendant to deliver a certificate of personal seal impression, etc. necessary for early termination of the deposit of this case on or around May 2017, but the Defendant rejected such demand.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including each number in case of additional number), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. While the plaintiff was suffering from old age and disease, the plaintiff distributed and preserved financial assets owned by himself/herself in the name of his/her father, including the defendant, in preparation for the unexplosible change.

However, the defendant asserts that he was donated and refused to return the deposit. Therefore, the plaintiff concludes a monetary custody entrustment contract with the defendant and claims the return of the deposit in this case.

B. The Plaintiff: (a) donated the deposit to the Defendant; (b) Provided, That the deposit arises.

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