beta
Text
1. The Defendant: KRW 993,191,657 for the Plaintiff and KRW 5% per annum from September 29, 2015 to January 29, 2016; and
Reasons
1. Basic facts
A. A. Around August 2011, the Plaintiff had to use and manage the shares account in the name of the Defendant, including the Plaintiff’s share transaction using the shares account in the name of the Defendant and the Defendant’s transfer from the shares account in the name of the Defendant to another person’s account at the Plaintiff’s request.
B. Accordingly, on August 30, 2011, the Plaintiff transferred all of the shares and deposits deposited in his/her own stock account (NH investment securities, account number C) to the shares account in the name of the Defendant (NH investment securities, D, hereinafter “Defendant’s shares account”).
C. Since September 7, 2011, the Plaintiff sold all the Plaintiff’s shares remaining in the Defendant’s share account on May 4, 2015. On May 20, 2015, the Defendant transferred KRW 993,191,657 to the deposit account (National Bank, Account Number E) in the Defendant’s name.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 3 (including paper numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. Summary of the plaintiff's assertion (1) 1-C
Since 993,191,657 won transferred to the bank account in the name of the defendant, as stated in the paragraph, is owned by the plaintiff, the defendant is obligated to pay to the plaintiff the return of the deposit amount and delay damages.
(2) Around March 2015, the Defendant requested the Plaintiff to lend money to the Plaintiff to purchase the land located in Pyeongtaek-si, and the Plaintiff did not return the money to the Defendant on March 19, 2015, KRW 50 million, and KRW 150 million on May 11, 2015, which was designated as the due date for repayment on June 2017, and requested the return of the money owned by the Plaintiff that the Defendant kept in his/her custody but did not return it. However, the Plaintiff requested the return of the money deposited in his/her custody on September 28, 2015, and the Plaintiff did not return it.
Therefore, above.