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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the overall purport of the pleadings as to the statement Nos. 1 and 7 of the basic facts, the following facts can be acknowledged: (a) from the account opened in the name of the Plaintiff (Account Number B; hereinafter “instant account”) to the Defendant, KRW 59,896,280 on September 15, 2001; and (b) cash withdrawal as shown in the separate sheet.
2. The plaintiff's assertion and judgment
A. The Plaintiff did not withdraw KRW 59,896,280 from the instant account on September 15, 2001. In addition, the Plaintiff did not have withdrawn from the instant account as shown in the table Nos. 1, 2, 4, 5, 6, and 7. There was no fact that the Plaintiff collected KRW 21,226,190, excluding KRW 1,980,000, out of KRW 23,206,190 as listed in the table No. 3, and there was no fact that the Plaintiff collected KRW 21,226,190, out of KRW 23,206,190. Therefore, the Defendant did not have the obligation to return the Plaintiff’s money to the Defendant at the request of 104,04,400 + 59,896,280,280 won or 4,120 won (i.e., the aggregate of the withdrawn amount indicated in the table No. 46,128,1298).
In addition, even if the deposit of this case was unfairly withdrawn, the Plaintiff’s claim expired due to the completion of the statute of limitations.
B. Determination 1) We examine the facts that cash was withdrawn from the account of this case as stated in the 59,896,280 won on September 15, 2001 and the attached Table. The defendant did not submit the principal, interest calculation statement, interest repayment receipt, etc. requested by the plaintiff in addition to the certificate of request for re-issuance and the certificate of request for remittance which is computerized.
However, the account of this case was used from June 2001 to July 2002 for approximately 240 entry and withdrawal transactions, and among them, there was usage for personal transactions of the Plaintiff, such as payment of telephone fee or withdrawal from automatic transfer, etc., and each of the above withdrawal dates.