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(영문) 창원지방법원 2020.04.10 2019나58022
보관금반환
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the lower court’s acceptance of the first instance judgment is as follows: (a) the Plaintiff’s conjunctive claim added by this court is identical to the ground of the first instance judgment, except for addition of the judgment specified in paragraph (2) below; and (b) thereby, the same is acceptable by the main text of

2. Additional determination

A. The Plaintiff’s assertion is reasonable in view of the fact that ten copies of the cashier’s checks issued by the Plaintiff to the Defendant, even if they were gift money, there is no reason to give a large amount of money to the Defendant who had no long-term exchange, and thus, deliver it to the Defendant at the expense of giving support to the Plaintiff well in the future.

However, the defendant did not support the plaintiff so far, and did not perform the burden of donation due to verbal abuse, assault, etc.

The plaintiff terminates the contract of donation by serving a copy of the brief dated November 4, 2019 on the ground of the defendant's non-performance of obligation, and claims the amount equivalent to the amount of the donation to the defendant as compensation for damages.

B. Although the Plaintiff, who did not dispute between the parties to the judgment, delivered each of the instant checks to the Defendant on May 25, 2017, it is insufficient to deem that the Plaintiff issued each of the instant checks to the Defendant on the sole basis of the entries in the evidence Nos. 2, 3, and 9, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's preliminary claim on a different premise cannot be accepted without further review.

3. The plaintiff's primary claim and the conjunctive claim added by this court must be dismissed in entirety as there is no reasonable ground.

The judgment of the court of first instance as to the primary claim is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. The supplementary claim added by this court is dismissed. It is so decided as per Disposition.

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