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(영문) 서울중앙지방법원 2015.04.28 2014가단5255155
계금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Judgment on the main argument

A. The Plaintiff’s assertion 1) around July 15, 2013: (a) around July 15, 2013, two numbers of the following (hereinafter “A No. and B”) operated by the Defendant as a captain:

- The Defendant, despite the fact that the Plaintiff entered a deposit account of the Defendant, was deposited in No. 12, No. 13, respectively. - From July 15, 2013 to July 15, 2014 - The deposit amount of KRW 100,000,000 for the third time, KRW 8.2 million, the five times, KRW 7.6 million, KRW 7.6 million, KRW 7,000, KRW 7.7 billion, KRW 9 million, KRW 600,000 for the following month, KRW 100,000 for the first time, KRW 100,000 for the second time, KRW 300,000 for the first time, KRW 100,000 for the second time, KRW 100,000 for the second time, KRW 300,000 for the second time, KRW 100,000 for the second time, KRW 2010 for the second time.

3. Therefore, the defendant is obligated to pay to the plaintiff the total amount of 60 million won and damages for delay.

B. The Defendant’s argument that the Plaintiff asserted is not the Defendant but the Defendant’s mother-friendly C.

C. According to the statements in the Evidence Nos. 1 and 2, which the plaintiff asserted that the plaintiff joined the judgment, the plaintiff transferred the fraternity Nos. 1 and 2 to the deposit account in the name of the defendant in the name of the bank in the name of the defendant. However, the above facts alone are insufficient to recognize that the defendant is the owner of the No. 1 and 2, and there is no other evidence to support the above facts. Rather, in full view of the purport of the arguments in each statement in the Evidence Nos. 1 and 2, the owner of No. 1 and 2, to which the plaintiff joined, shall be recognized as the defendant's mother C.

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