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Reasons
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(영문) 부산지방법원 2018.01.17 2017가합47324
보관금반환등 청구의 소
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1. Defendant B’s KRW 426,232,00 as well as 5% per annum from July 25, 2017 to January 17, 2018.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are married with each other, and Defendant B is the mother of the Plaintiff.

The Plaintiff is a substantial operator of Nonparty F Co., Ltd. (hereinafter referred to as “F”).

B. From April 26, 2007 to December 31, 2008, the Plaintiff was paid KRW 1,313,509,617 in total with the repayment of the provisional deposit from F.

C. On November 15, 2007, the opening and remittance details of the deposit account (1) the sum of KRW 684,232,000 (i.e., KRW 82,232,000) from the account (Account Number: D Bank G) of Nonparty F was remitted (i.e., KRW 602,00,000). On November 15, 2007, Defendant B’s account (Account Number: D Bank H; hereinafter “Initial account”).

A total of KRW 684,232,00 (= KRW 602,00,000) was deposited in the Defendant B. (2) On November 15, 2007, Defendant B opened a deposit account (hereinafter “first deposit account”).

Since then, on November 16, 2007, KRW 300 million, and KRW 300 million on May 14, 2008 were deposited respectively from the first deposit account in the first deposit account.

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.

(1) On May 21, 2008, Defendant B opened a deposit account (hereinafter “third deposit account”) as stated in [Attachment 3] No. 300 million won on the same day, and KRW 200 million out of the said KRW 300 million deposited from the first deposit account. (4) Defendant B opened a deposit account (hereinafter “third deposit account”).

On the same day, KRW 200 million was deposited from the first deposit account and deposited into the third deposit account.

5) Defendant B’s deposit account on May 21, 2008 (hereinafter “Defendant B’s deposit account”) as indicated in attached Table 4 attached hereto (hereinafter “No. 4 deposit account”).

(6) On May 21, 2008, Defendant B opened a deposit account as stated in [Attachment 5] No. 5 (hereinafter “No. 5 deposit account”) on May 21, 2008, in which KRW 100 million was deposited from the first deposit account and deposited into the fourth deposit account.

Since May 2, 2008, KRW 200 million was deposited from the deposit account of No. 3 to the deposit account of No. 5. 200 million.

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