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(영문) 광주고등법원(제주) 2017.04.05 2016나327
보관금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The deceased D (hereinafter “the deceased”) died on April 27, 2015, and the heir was his/her lineal descendant B, the Defendant, the Plaintiff, the E, and the Selection.

B. From 200 to 200, the Deceased engaged in financial transactions using the Korea Investment Securities Account. On December 27, 2007, KRW 260 million was deposited in the Korea Investment Securities Comprehensive Account (Account Number G; hereinafter “instant Korea Investment Securities Account”) in the Defendant’s name on the same day. The Deceased’s seal imprint on the instant Korea Investment Securities Account is affixed to the Defendant’s seal impression on the date.

C. On January 28, 2015, KRW 215,000,000 was withdrawn from the Korea Securities Account. On January 30, 2015, the Deceased deposited KRW 2.05% of the agreed interest rate in the name of F (L) on January 30, 2015, and the due date on January 30, 2016, with KRW 215,500,000 on the goods of post-office term deposits.

(hereinafter referred to as “F deposits”) d.

On May 2, 2015, the deceased’s death, the Plaintiff, the Defendant, the E, and F agreed to the effect that “if the deceased’s 200 million won, which was left to F, was deducted from KRW 29 million, which was used as funeral expenses, hospital expenses, etc., and then refunded KRW 186 million to F, the amount of KRW 26 million out of which was paid to F. The Defendant received a refund of KRW 160 million from F.

E. Meanwhile, in the account book prepared by the Deceased, the account book was written as H in 2013 (I’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s). From August 1, 2013 to October 24, 2013, KRW 100 million was deposited in the account of Korea Securities, and the account was deposited in the instant

4. 21.21., the same year;

7.2. 22. 22. 24. 24. 26. 201. 26. 201. 3. 3. 1. 1. 1

4. 24. 24. 9.60,000 won was deposited in the name of I or H respectively.

F. On May 1, 2015, after the death of the Deceased, I borrowed KRW 100 million between the Defendant and I, the obligee, the obligor and I, and the obligor I, and the interest shall be paid KRW 600,000,000 every three months.

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