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Reasons
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(영문) 수원지방법원 2019.01.15 2016가단551980
불입금반환
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1. As to KRW 111,08,218 and KRW 90,344,20 among them, the Defendant shall pay to the Plaintiff the year from January 3, 2017 to January 15, 2019.

Reasons

1. Facts of recognition;

A. From February 25, 2005, the Plaintiff used one bank account (Account Number C: hereinafter “instant account”) under the Defendant’s name as the Plaintiff’s borrowed account with the Defendant’s consent.

On the other hand, the head of the Tong and the Do in the instant account were managed by the Defendant.

B. The money deposited by the Plaintiff in the instant account from February 25, 2005 to August 11, 2010 is the sum of KRW 234,811,283 as follows:

① Money deposited by the Plaintiff: 203,897,00 won (Evidence A8) ② Money deposited by a third party at the Plaintiff’s request: 30,861,910 won (=30,861,910 won (Evidence A9) that D deposited on February 27, 2009; 500,000 won that D deposited on September 9, 2009) (3) The deposit interest of the instant account: 52,373 won

C. Money deposited from the instant account at the Plaintiff’s request from February 25, 2005 to August 11, 2010 is KRW 129,529,624 as follows, and the balance of the instant account as of August 11, 2010 is KRW 230,070.

① Money withdrawn for automatic transfer of public charges, etc.: 31,99,51 won (Evidence 10) (2) KRW 67,727,973 of the money returned by the Plaintiff (i.e., KRW 51,00,000 on March 5, 2010) (i.e., KRW 16,727,973 on May 28, 2010) (i.e., KRW 29,802,100 paid to a third party at the Plaintiff’s request (i.e., KRW 10,000 on April 9, 2007) (i.e., KRW 7,80,000 on April 27, 2007 to E on May 28, 2008)

D. Meanwhile, the Defendant deposited money from the instant account in the name of the Defendant to subscribe to a term deposit in the name of the Defendant, and individually consumed KRW 11,492,61 (No. 12, No. 13-2) as the deposit interest accrued in the process.

E. From June 26, 2006 to February 13, 2008, the Defendant deposited a total of KRW 26,200,000 in the instant account as shown in the following table.

[Ground of recognition] Facts without dispute, Gap 8-10, 12, 18 evidence, Eul 2, 6, 7, 13 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is seven times from the account of this case as indicated below.

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