1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff filed a claim for damages from the Defendant’s arbitrary disposal of the Plaintiff’s gold 1kg (hereinafter “the gold ingot”) under the Defendant’s name, and the Defendant’s claim for the payment of KRW 91,064,336, the sum of the amount embezzled by the Defendant. The first instance court accepted the claim for damages from the voluntary disposal of the gold ingot, and dismissed the claim for the amount embezzled.

Since only the plaintiff filed an appeal, the subject of this Court's judgment is limited to the claim for damages arising from the voluntary disposition of the gold leader of this case.

2. Basic facts

A. On May 3, 2001, when the Plaintiff and the Defendant married one male and female, they were divorced on May 3, 2001, but reported again on April 2, 2015, but the judgment of nullity of marriage became final and conclusive on February 24, 2017.

B. On August 16, 2011, the Plaintiff visited C Bank D Branch with the Defendant and purchased the instant gold bullion with the Plaintiff’s funds. In order to avoid the Plaintiff’s creditor’s compulsory execution, etc., the purchaser is the Defendant. In addition, the Plaintiff entered into a lease agreement with C Bank with the Defendant on the F Bank’s name with respect to the F Bank’s Credit Depository No. Mai (hereinafter “instant Credit Depository”) in the name of the Defendant, and kept the said gold bullion in the instant depository.

(On the other hand, at the time of the conclusion of the contract of this case, the plaintiff and the defendant reported both fingerprints so that one of the plaintiff and the defendant can use the safe of this case.

The Defendant, around August 13, 2012, excluded the Plaintiff from the Plaintiff’s fingerprint report while renewal of the instant contract, and thereafter renewed the instant contract every year. The Defendant finally set the maturity date on August 19, 2014 and renewed it on August 16, 2015.

C Bank notified the Defendant of the termination of the instant contract in order to replace and transfer a credit cooperative due to environmental improvement works on June 2015, and the Defendant on June 19, 2015.