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(영문) 서울고등법원 2017.06.21 2017나2003671
보관금 반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The Plaintiff, a citizen of the United States of America, was issued two copies of custody certificates containing the content of withdrawing KRW 2 billion, which had been held in the account held by the Plaintiff’s wife in response to the guidelines for reporting real estate and account with respect to citizens of the Government of the United States of America, and allowing theJ to keep the amount of KRW 1 billion each (hereinafter “instant custody certificates”).

Since the J died on May 2, 2015, the Defendants, who succeeded to the deceased J, are obligated to pay to the Plaintiff the amount calculated by dividing the said amount of KRW 2 billion by their respective shares of inheritance and the damages for delay.

2. Determination

A. The following facts are acknowledged in light of the overall purport of the arguments in Gap evidence Nos. 2 through 10 (including the number of branch numbers), and in full view of these facts, the amount of KRW 2 billion deposited in the new bank account under the name of the deceased J is recognized as the money transferred by the plaintiff to the deceased J by means of cashier's checks equivalent to KRW 2 billion, which the plaintiff deposited in the account in the name of the plaintiff's father's father.

1) On January 30, 2009, the Plaintiff is limited to USD 889,000 (hereinafter “$”) to the account of K foreign exchange bank in the name of the Plaintiff’s small father.

(2) The Plaintiff deposited USD 785,00 into the account in the name of L Exchange Bank. 2) At the time of May 30, 2012, 889,000 was added to interest, and 889,000 were 823,715.17 dollars. The Plaintiff exchanged the above USD 1,097,031,852 Won and 968,692,578 won with a face value of KRW 1,000 won with a face value of KRW 204 cashier’s checks, KRW 10,000 won with a face value of KRW 1,00 won with a face value of KRW 1,00,000,000 won with a face value of KRW 1,00,000,000 won with a cashier’s checks of KRW 1,00,000,000 again with a face value of KRW 1,19,000.

3. On June 20, 2012, the Plaintiff sent to J a cashier’s check equivalent to the above KRW 2 billion to the account of one bank on the same day by J.

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