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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Basic Facts
The defendant is the defendant, and C is the defendant's husband, and D is the defendant's children.
In the 1990s, the Plaintiff lent money several times to the Defendant’s branch. From January 18, 1992 to August 8, 2001, the money deposited in the Plaintiff’s deposit account (Account Number E; hereinafter “Plaintiff’s deposit account”) opened in the Bank of Korea was KRW 1,108,356,434, and the money withdrawn from the Plaintiff’s deposit account during the said period was KRW 1,065,376,951.
The Plaintiff kept KRW 95 million in the asset-building savings account (Account Number S) opened separately in the Japanese bank. However, the Defendant voluntarily withdrawn and used the said KRW 95 million, and then paid KRW 20 million to the Plaintiff via the husband C via the husband, who was the husband, on November 29, 201, and KRW 110 million as of March 18, 201.
[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 and 2 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 5, and fact-finding with respect to the Korea Standards Agency for the First Instance, the plaintiff asserted the purport of the entire pleadings, while managing the plaintiff's funds, deposited money to a third party's deposit account designated by the defendant over 197 times from 1992 to 2001, or lent money to a third party in total 1,065,376,951 by delivering cash withdrawn from the plaintiff's deposit account to a third party via the defendant. In recovering the loan's principal and interest, the defendant had a third party deposit only interest in the plaintiff's deposit account, and the principal was not paid to the plaintiff. By such a way, the defendant collected money from a third party until 201 to the plaintiff at least one billion won.
As such, the Defendant shall return the money that the Defendant did not recover from a third party and did not pay to the Plaintiff, and the Defendant September 201.