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(영문) 부산고등법원 2019.07.25 2018나50966
보관금반환등 청구의 소
Text

1. The part of the judgment of the court of first instance, including the claim of the plaintiff succeeding intervenor added at the trial court, is as follows.

Reasons

1. Basic facts

A. The Plaintiff of the parties and Defendant C were legally married who completed a marriage report on May 13, 2005. However, on October 14, 2015, Defendant C filed a lawsuit of divorce, etc. against the Plaintiff and rendered a judgment of divorce on January 11, 2017, and the Plaintiff’s appeal was dismissed, and the said judgment became final and conclusive on September 30, 2017.

(J) Busan Family Court 2015ddan15319, Busan Family Court 2017Reu20139). Defendant B is the mother of Defendant C.

The Plaintiff was paid KRW 1,313,509,617 in total by F from April 26, 2007 to December 31, 2008 as the actual operator of F Co., Ltd. (hereinafter “F”) and Q Co. (hereinafter “P”) and from April 26, 2007 to December 31, 2008.

B. The details of each deposit account in the separate sheet No. 1) The sum of KRW 684,232,00 on November 15, 2007 from the F’s account (Account Number: D Bank G) to the sum of KRW 684,232,00 on November 15, 2007 (i.e., KRW 602,00,000) was remitted, and on the same day, the Defendant B’s account (Account Number: D Bank H; hereinafter “the first account”).

A total of KRW 684,232,00 (i.e., KRW 602,00,000) was deposited. (ii) On November 15, 2007, Defendant B opened a deposit account (R; hereinafter “first deposit account”) as set forth in the attached Table 1 (i). On November 15, 2007, Defendant B deposited KRW 300,000 on May 14, 2008, respectively, and the said money was deposited from the first deposit account.

Since then, the beneficiary certificates in the first deposit account were fully redeemed on May 21, 2018, and KRW 300,409,052 was paid.

3) On January 22, 2008, Defendant B’s deposit account (hereinafter “second deposit account”) as indicated in the attached Table No. 2 of the attached Table No. 2 of 2008.

(4) On May 21, 2008, Defendant B opened a deposit account listed in [Attachment 3 and 5] No. 300 million won in the second deposit account. Of the above KRW 300 million, the remaining KRW 100 million was deposited from the first deposit account; and Defendant B opened a deposit account listed in [Attachment 3 and 5] on May 21, 2008.

The third deposit account (MF exclusive MF) is the MMF deposit account in the fifth deposit account (S), and the amount of KRW 200 million on May 21, 2008.

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