(영문) 서울동부지방법원 2020.10.14 2018가단142927

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(영문) 서울동부지방법원 2020.10.14 2018가단142927

기타(금전)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' arguments;

A. The Plaintiff and the Defendant are between the Plaintiff and the Defendant, and the Defendant began to use the Plaintiff’s passbook from around 20 years to around 207 under the pretext of managing the Plaintiff’s assets, and deposited KRW 71 million to the Defendant’s account under the name of the Defendant.

Since the Plaintiff terminated the deposit contract by requesting the return to the Plaintiff around 2010 or around 2016, the Defendant is obligated to pay the said money and the damages for delay.

B. The Plaintiff, who was living at the time of the Defendant, was in front of the occupancy at the end of May, 2007 after redevelopment of the C’s housing, and was required to pay KRW 70 million at the beginning of May 2007. In April 2007, the Plaintiff demanded the Defendant to transfer KRW 71,000,000 to the Defendant in order to pay KRW 70 million.

On April 19, 2007, the Defendant withdrawn KRW 71,000,000 from the husband’s E Bank account to the E Bank account (hereinafter “E Bank account”) in the name of the Defendant used by the Plaintiff.

Afterward, the Plaintiff’s withdrawal from the above E Bank account on May 7, 2007 and withdrawal of KRW 5,000,000 on July 22, 2008 and July 20, 2009, and transferred the amount of KRW 5,000,000 to the installment savings account under the Plaintiff’s name. On July 5, 2010, the Plaintiff opened a new account under the Plaintiff’s name and settled all of KRW 7,174,690 in the balance remaining in the above E Bank account.

Guides did not transfer KRW 71,000,000 to the Defendant

Even if the plaintiff received money from the defendant around 2007 or before it, the plaintiff's right to claim the return of the entrusted money, which the plaintiff sought, was terminated by the statute of limitations of December 31, 2017.

2. Determination:

A. There is no dispute between the parties to the judgment as to the cause of the claim, or in full view of the purport of the entire pleadings in the statement No. 2 of the evidence No. 2, the Defendant kept the Plaintiff’s money KRW 71,00,000 in the account in the name of the Defendant’s husband around April 207 upon the Plaintiff’s request.

유사 판례

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-인천지방법원 2019.09.27 2019나55630

-서울남부지방법원 2017.04.14 2016가단30467