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(영문) 인천지방법원 2020.10.16 2018가합58669
보관금 반환 청구의 소

The defendant shall pay 306,511,112 won to the plaintiff and 12% per annum from March 13, 2020 to the day of complete payment.


1. Basic facts

A. The plaintiff (D) is son between B and the defendant, and the defendant did not discover the plaintiff who was on the rear side while driving his own vehicle on November 7, 2009 and shocked without discovering the plaintiff, and the plaintiff suffered serious injury, such as the mouth of the head and the bones floor of the head and the blood under the trauma.

On April 18, 2011, the Defendant received insurance money of KRW 130,00,000 from E Co., Ltd. and the Defendant and B received insurance money of KRW 176,511,112 from F Co., Ltd. on October 16, 201, and kept them for the Plaintiff, the insured.

B. Meanwhile, the Plaintiff and the Defendant were divorced on February 19, 2014, and the Plaintiff and G (H) were designated as the custodian of the Plaintiff and G (H). The person with parental authority was jointly designated between B and the Defendant.

On April 3, 2018, B filed a claim against the defendant for the designation, change, and child support of a person with parental authority against the defendant on April 3, 2018, which became final and conclusive on February 11, 2020 by changing B to the sole person with parental authority of the plaintiff and G.

(Supreme Court Decision 2019S720). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant kept for the Plaintiff KRW 306,511,112 (i.e., insurance proceeds received from E Co., Ltd. 130,000,000 from F Co., Ltd., and KRW 176,511,112 (hereinafter “instant custody money”). Since it is reasonable for the Defendant to use the instant custody money at present and it is difficult to expect a faithful custody, it should be returned to the Plaintiff.

B. From April 19, 201 to January 31, 2014, where the marriage relationship between Defendant B and the Defendant continues, the sum of KRW 96,311,560 (i.e., the living expenses indicated in the attached Table 2 in the attached Table 2 in the attached Table 3 in the list 67,458,700, should be deducted from the amount of the custody of this case that the Defendant returns to the Plaintiff and the Defendant.