2017, 20452 Other (money)

A person shall be appointed.

1. B

2. C.

October 19, 2017

November 16, 2017

1. The Defendants jointly and severally pay to the Plaintiff 301, 271, and 910 won with 5% interest per annum from March 16, 2017 to November 16, 2017, and 15% interest per annum from the next day to the date of full payment.

2. The plaintiff's remaining claims against the defendants are all dismissed.

3. Of the litigation costs, 30% is borne by the Plaintiff, and the remainder 70% is borne by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly and severally pay to the Plaintiff 412, 650, 000 won with 15% interest per annum from the day following the day of service of a copy of the complaint to the day of full payment.

1. Facts of recognition

A. The plaintiff is the mother of the defendant B, and the defendant C is the husband of the defendant B.

B. On October 4, 2006, the Plaintiff sold the amount of KRW 30,00,000,000 to Ulsan-gun E, Ulsan-gun, Inc. (hereinafter “the annexed movable of this case”) for KRW 1,334 square meters. around that time, the Plaintiff entrusted the Defendants with KRW 198,00,000 out of the sales amount, and delegated the Defendants to use the money for the Plaintiff, such as raising the Plaintiff’s husband’s intention and managing the Plaintiff’s residence (hereinafter “instant delegation contract”).

C. From March 2002 to March 2009, the Plaintiff received the benefits in P from the bank account (hereinafter referred to as “Korean bank account”) in the name of the Plaintiff in Korea (hereinafter referred to as “Korean bank”), and from March 2009 to the Korean bank account in the name of the Plaintiff (hereinafter referred to as “pension account”). The Plaintiff received the National Pension from March 2009 to January 2017, 200 to the Korean bank account in the name of the Plaintiff (Account Number: G, this Section “National Pension account”).

D. In addition to the wage account and the national pension account, the Plaintiff also held the Gyeongnam Bank account (Account Number: H0; hereinafter referred to as 'Seoul Bank account'), the new bank account (Account Number: I: hereinafter referred to as 'the current account') and the Ulsan Saemaeul Bank account (Account Number: J-4, K-8, L-5, M-6, hereinafter referred to as 'each community credit cooperative account').

【Uncontentious facts, Gap’s statements in Gap’s evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 1:

1) The Plaintiff kept the Plaintiff’s husband’s religious history, managed the Plaintiff’s housing, and managed the Plaintiff’s housing. Under the condition that the Plaintiff was unable to live in the same way as the Plaintiff was unable to live in the old, the Plaintiff donated KRW 198,00,000 out of the sales price of the father-dong mountain, and the Defendants did not perform their duty to provide support. The Defendants did not fulfill their duty to provide support. Accordingly, the Plaintiff revoked the donation contract by delivery of the copy of the complaint on the ground that the Defendants failed to perform their duty to support, and sought restitution of KRW 198,00,000,000 from the donation to the Plaintiff.

In electively, the Plaintiff entrusted the Defendants with KRW 198,00,000, out of the real estate sale price, and entered into a delegation contract with the Plaintiff’s husband’s intention and management of the Plaintiff’s residence. Since the Defendants failed to perform these obligations properly, the delegation contract was terminated by delivery of a copy of the complaint, and the Defendants seek the return of KRW 198,00,000,000.

2) The Defendants issued 22,50,000 won in total from the National Pension Account without the Plaintiff’s consent from March 17, 2007 to March 15, 2009; and 50,000 won in total from March 13, 2009 to October 27, 2016 to 0,220,00 won in total from the National Pension Account; and 00,00 won in total from the Gyeongnam Bank Account to the 00,000,00 won in total from April 7, 2007 to the 0,000,000 won in total from March 13, 209 to October 27, 2016 to the 0,000 won in total; and 0,000 won in total from the Gyeong Bank Account to February 16, 2007 to the 0,508, 207

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the sum of KRW 214, 650, and 00 ( = 22, 550, and 00 + KRW 50, 220, and KRW 00 + 26, 880, and KRW 00 + + 40,000, KRW 00 + 75,000, and KRW 00).

B. The defendants

1) The Defendants: (a) performed the Plaintiff’s religious services; (b) managed the Plaintiff’s housing; and (c) did not receive a donation of KRW 198,00,000 out of the real estate sale price on the condition that the Plaintiff was unable to live together after his/her death; and (c) promised to use and manage money for the Plaintiff, while receiving KRW 198,00,00,000 from the real estate sale price; and (d) subsequently, used all the money entrusted for the Plaintiff as agreed thereafter.

2) The Defendants did not receive a passbook and card from the wage account.

3) The Defendants received a national pension account around July 2010 and disbursed Plaintiff’s public charges and living expenses from around that time. The Defendants released 1, 180, and 500 won of the remaining money on January 4, 2017.

4) The Defendants managed the Plaintiff’s account in order to pay public charges and prepare money, and all money deposited in the account was disbursed for the Plaintiff.

5) The Defendants withdrawn and delivered 40,000,000 won in the new bank account at the direction of the Plaintiff to S according to the direction of the Plaintiff.

6) From February 6, 2006 to January 11, 2017, the Defendants withdrawn total of KRW 18,917,810 from each community credit cooperative account and paid to the Plaintiff ten times in total, and the remainder of KRW 56,802, and KRW 190 to be used for the Plaintiff.

3. Determination

(a) Claim for restitution of KRW 198,000,000 on commission;

1) Whether the delegation contract is terminated or not

The fact that the Plaintiff entrusted the Defendants with KRW 198,00,000 out of the real estate sale price, and entered into a delegation contract with the Plaintiff to use the Plaintiff for the said year, including the Plaintiff’s husband’s death in the Plaintiff’s husband and the management of the housing in which the Plaintiff resides, is as seen earlier.

However, in full view of each of the evidence mentioned above and each of the statements in Gap evidence Nos. 7 and 9, the plaintiff suffered conflicts by referring to whether the entrusted money was properly used for the plaintiff, and then continued to deepen the facts without resolving any conflict from that time. According to the above acknowledged facts, the conflict between the plaintiff and the defendants reached the extent that it is difficult to maintain the delegation contract based on mutual trust relationship as it is. Thus, the delegation contract was lawfully terminated upon delivery of a duplicate copy to the defendants.

2) Scope of the consignment to be returned

In light of the above evidence and evidence No. 2, the defendants were found to have spent a total of 82,908,090 won for the plaintiff from October 20, 2006 to November 25, 2016, and there is insufficient evidence to acknowledge that the defendants spent a total of 82,90 won for the plaintiff in excess of 82,90,090 won on behalf of the plaintiff only with the statement No. 2 of the evidence No. 2.

따라서 피고들은 연대하여 원고에게 나머지 위탁금 힙계 115 , 091 , 910원 ( = 198 , 000 , 000원 - 82 , 908 , 090원 ) 을 지급할 의무가 있다 .

B. Claim for damages caused by tort

1) Total sum of the amounts withdrawn from the wage account 22,50,000

A) According to Gap evidence No. 3-1, it is recognized that 22,50,00 won was withdrawn from the wage account from March 17, 2007 to March 13, 2009, and the above facts were added to the whole purport of the arguments as to the order to submit financial transaction information to the Director of the Korea Bank Affairs Center of this Court and the following circumstances, i.e., (1) through (5) were managed directly with the National Pension Fund account and Gyeongnam Bank account, (40,000,000 won were arbitrarily transferred from the new bank account under the name of the defendant B, and (2) the Defendants voluntarily withdrawn money from the National Pension Fund account from 30,000 to 20,000 won, and (3) the Defendants voluntarily withdrawn money from the domestic bank account to 30,000,000 won, and (40,000,000 won were more than 20,000 won.

B) Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the sum total of KRW 22,50,000,000,000, which was withdrawn from the wage account.

2) Total sum of 50,220,000 won withdrawn from the National Pension Account

A) According to the statement in Gap evidence No. 3-2, it is recognized that the total amount of KRW 50,220,00 has been withdrawn from the national pension account from March 13, 2009 to October 27, 2016, and the following circumstances, which are acknowledged by adding up the evidence mentioned above-mentioned facts and the overall purport of this court's order to submit financial transaction information to the Director of the Korea Bank Service Center, and the result of this court's reply to the submission of financial transaction information to the Director of the Korea Bank Service Center, the defendant stated that he directly managed the National Pension Account from around July 7, 2010 to 0. 20, the defendant voluntarily withdrawn KRW 16,670,00 from March 13, 200 to 0, and KRW 30,000 from 0 to 7. 5,000,000 from 0 to 7. 5,205,000,000.

B) The Defendants asserted that they used the money withdrawn from the national pension account to the Plaintiff’s public charges and living expenses, etc. However, there is no evidence to acknowledge this. Therefore, this part of the Defendants’ assertion is without merit.

C) Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the sum total of KRW 33,50,000,000, which was withdrawn from the national pension account.

3) Total sum of 26,80,000,000

A) In full view of the purport of the entire pleadings in the statement No. 3-3, the Defendants were found to have withdrawn and used 26,80,000 won in total from April 7, 2007 to February 16, 2009, when managing Gyeongnam bank account.

B) The Defendants asserted that, in the case of KRW 1,350,00 on May 22, 2008, the Plaintiff paid KRW 1,350,00 to Q Q under the name of the Plaintiff’s housing paint and waterproof hole, and that, in the case of KRW 930,00 on February 16, 2009, the Plaintiff paid KRW 930,00 to R under the name of the Plaintiff’s housing tank installation cost, and that, in the case of KRW 24,60,00, the Plaintiff deposited the remainder as a regular deposit in each community credit cooperative account.

In light of the following circumstances, i.e., ① the money already paid to Q and R as construction cost: (i) the amount entrusted by the Defendants was included in the expenses used for the Plaintiff from KRW 198,00,00 to the amount entrusted by the Defendants (from May 22, 2008 to November 22, 2016, totaling KRW 5,951,80, and the cost of installing a water tank on February 16, 2009, and KRW 931,80,000, and KRW 24,60,600,000 to each community credit cooperative account on May 22, 2008; and (ii) there is no objective evidence to acknowledge that the Defendants deposited money from the Defendant’s account to the Plaintiff’s account on June 28, 207, 200 to the extent that there was no objective evidence to acknowledge that the Defendants deposited or otherwise disbursed money to the Plaintiff.

C) Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the sum total of KRW 26,80,000,000,000, which was withdrawn from the Gyeongnam Bank’s account.

4) 40,00,000 won of a periodical deposit withdrawn from the account of a new bank

A) Comprehensively taking account of the overall purport of the pleadings in Gap evidence No. 4, the defendants deposited KRW 40,00,00 in the new bank account on November 10, 2006. The defendants terminated the term deposit on May 29, 2007, and transferred KRW 40,000,000 at will to the new bank account (Account Number N) in the name of the defendant B, and then used KRW 40,00,000 at will.

B) The Defendants asserted that they delivered 40,000,000 won to S according to the Plaintiff’s instruction, but there is no evidence to support that the Defendants paid 40,000,000 won to S around that time. Thus, this part of the Defendants’ assertion is without merit.

C) Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 40,000,000, which was deposited in the new bank account.

5) Total amount of 75,000,000 won of regular deposits withdrawn from each account of community credit cooperatives.

A) In full view of the purport of the entire pleadings in the statement No. 5, the Defendants were found to have voluntarily withdrawn and managed the total amount of KRW 75,00,000,000 from each of the accounts of community credit cooperatives.

B) The Defendants asserted that the Plaintiff returned KRW 18, 917, and 810 to the Plaintiff ten times in total from February 6, 2006 to January 11, 2017.

In full view of the purport of the Plaintiff’s statement No. 3, Defendant C’s account under the Plaintiff’s name is difficult, and Defendant C transferred 1,00,000 won in total on three occasions from April 4, 2016 to January 11, 201 ( = 500,000 + 10,000 won + 10,000 won + 00,000 won) to the Plaintiff; Defendant B transferred 0.0 won in total to the Plaintiff on June 14, 2015 and KRW 10,000; Defendant C transferred 0,000 won in total to the Plaintiff on July 18, 2015 + 0,000 won in total, and Defendant C transferred 0,000 won in total to the Plaintiff on July 18, 2015.

C) Therefore, the Defendants are jointly and severally obligated to pay the Plaintiff KRW 63,200, and KRW 000 ( = 75,000, KRW 000 - KRW 11,800, and KRW 000) in total among the periodical deposits that were deposited in each of the accounts of community credit cooperatives.

C. Sub-determination

Therefore, the Defendants jointly and severally liable to the Plaintiff for the remainder of the consignment and the amount of damages ( = 115, 091, 910 won + 22, 550, 000 won + 33,50, 550, 8800 won + + 40,000,000 won + 63,200,200,000 won + 63,200,200,000 won + 63,200,000 won) and damages for delay calculated annually from March 16, 2017, the record that the Plaintiff was served with a copy of the complaint to the Plaintiff by the date of termination of the delegation contract, or on the date of tort, is clearly indicated as the date following the date of termination of the delegation contract, and that the Defendants’ obligation to pay 15% of the annual amount of damages from March 16, 2017 to the 15th day of each lawsuit.

4. Conclusion

Therefore, the plaintiff's claim against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge shall appoint a judge;

Judges Kim Jae-jin

Judges Noh Jeong-sik

1) Total amount of KRW 82,908,090 paid by the Defendants for the Plaintiff ( = Amount of KRW 50,000,000,000 each of the accounts of community credit cooperatives +

From October 20, 2006 to April 28, 2016, the sum of hospital costs 202,200 won + the sum of the replacement costs, such as Washington, etc., on September 8, 2007

1. Do roads from May 22, 2008 to November 22, 2016, 201, 140, 140, 00, and Do roads from December 15, 2007.

Total sum of the charging and waterproof construction costs 5, 951, 800 won + on June 3, 2010 and on August 24, 2010

On December 13, 2010, the installation cost of indoor gas pipelines 1,800,600 won + on April 20, 2010 and on April 20, 2010 and on December 13, 2010

8. 19. The installation costs of self-gas meters 2, 597, 590 won + the sum of the installation costs of self-gas boiler 2, 590 won on June 10, 2010 and the aggregate of the installation costs of self-gas boiler 8 December 2010;

2, 401, 300 won + 152, 700 won in total of the hospital costs on August 12, 2010 + 18 February 18, 2014 + (i), 1, 136, 00 won in the water supply construction cost.

On October 12, 2014, the replacement cost 2,00,000,000 + on May 9, 2015, 2015 + the replacement cost 297,000 won for the mobile phone replacement + on July 28, 2015.

(i) Costs of purchasing air conditioners 860, 000 won + on December 10, 2015; 1,800,000 won for purchase of sexual harassment + on August 3, 2016;

비 713 , 900원 + 2016 . 8 . 27 . 자 샷시 교체비 3 , 100 , 000원 + 2016 . 7 . 21 . 부터 2016 . 11 . 25 . 까지 병원

Total cost of 5,672,00 won + installation cost of water tanks 931,800 won on February 16, 2009)

2) A person who receives money from a simplified receipt, the Defendants’ card transaction details, or account transaction details, among evidential data submitted by the Defendants.

to recognize that the Defendants paid the money on behalf of the Plaintiff solely on the basis of the certificate without signing or affixing seals, etc.

The lack of equipment is not sufficient.