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1. The defendant's KRW 46,450,00 and KRW 38,250,00 among them shall be limited to the plaintiff's 46,450,000 and KRW 8.2 million.
Reasons
1. Facts of recognition;
A. The Plaintiff sold Seodaemun-gu Building 302 owned in the name of Lanman C, and C, at the time, remitted KRW 50 million to the Plaintiff’s bank account kept in the Plaintiff’s custody, who had been bound to manage the Plaintiff’s passbook because the Plaintiff was living in Japan.
B. From September 2004, the Plaintiff resided in Seodaemun-gu, the Defendant’s 4th floor E in the deposit amount of KRW 40,000,000, and from around 2010, the Plaintiff resided in Chokman F. As the above area was redeveloped, the said housing was removed, and on November 3, 2010, the G redevelopment Cooperative remitted 9,180,000 won to the bank account under the Plaintiff’s name.
C. The Plaintiff received each remittance from the Defendant to the Plaintiff’s account in the name of the Plaintiff on May 30, 201, and KRW 5 million on April 12, 2013.
(as part of the Plaintiff’s identity).
The plaintiff's words C paid 45 million won to the defendant for the plaintiff three times from 2009 to March 2012.
E. The Plaintiff borrowed 1.5 million won from H residing in Japan before December 201, 201, and the Defendant on behalf of the Plaintiff, on June 11, 201, as the value of Korean won at the time of the Plaintiff’s transfer.
9.180,000 won in total, 20,1150,000 won in subrogation to H.
F. The defendant is under custody of the plaintiff's passbook.
Upon deposit of KRW 50 million in the subsection, on November 23, 2009, the transfer of KRW 50,400,000 to its corporate bank account and used it.
When the relocation expenses of paragraph 9.1.8 million won have been deposited, 9 million won has been withdrawn and used until December 18, 201.
[Ground of recognition] Evidence Nos. 1 through 11, witness, F, I, C, the purport of the whole pleadings, evidence not trusted, part of evidence Nos. 10 and 14
A. According to the above facts, the defendant is 150,000,000 won (50,400,000 won of the sale price) against the plaintiff (91,180,000 won of the lease deposit 40,000,000 won - 31,80,000 won of the amount transferred directly from the plaintiff).