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(영문) 청주지방법원 제천지원 2018.05.02 2017가단21493
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the father of the defendant.

The deceased C(hereinafter “the deceased”) is the Plaintiff’s wife and the Defendant’s mother, and died on May 7, 2017.

B. The Defendant subscribed to a post office term deposit as follows.

1) Amount of money: The deposit date of 76,50,000 won: the deposit date of 76,50,000 won: the contract period of 12 months: July 31, 2013 (12 months): the deposit date of 2040 (2), July 31, 2014 (2): 78,182,700 won: the deposit date of 78,182,700 won: July 31, 2014: 24 months: (3) the deposit amount of 81,89,310 won on August 3, 2016 (3): the deposit date of 81,89,310 won on the deposit date: the deposit date of 24 months on the deposit date of 24 months: the termination date of the contract period of 34 days on July 3, 2016 (d) the termination date of the contract period of 24 months;

C. The Defendant subscribed to the term deposit in the Nonghyup Bank as follows.

1. Amount of a regular deposit that takes place in the daily life of 53,650,000 (B): The date of termination of the contract period: 24 months: the date of termination of the contract period: October 27, 2015 (24 months after maturity): 56,224,422 (b) the deposit date: 27 October 27, 2015: 24 months: The contract period: 24 months (based on recognition) without dispute; 54 months; 1,24 months; 24 months; 1, B; 4, and 6 (including each number of items with serial numbers); and the purport of the entire pleadings.

2. Judgment on the main argument

A. 81,89,310 won claim portion 1) The parties’ assertion that the Plaintiff entrusted the Defendant with KRW 81,89,310 on July 1, 2013, and the Defendant is obligated to return the said money to the Plaintiff. The Defendant asserts that the said money was donated money from the deceased by the Defendant to the Plaintiff and that the said money was raised through a fixed deposit. 2) The Plaintiff concluded a sales contract with the Plaintiff on June 17, 2013, under the name of the Plaintiff, to sell the land and its ground buildings (hereinafter referred to as “E real estate”) for KRW 85,00,000,000, in full view of the respective entries and arguments of the evidence Nos. 2, 4, 7,8,99, and 9 (including each serial number) judgment No. 2,4,89,310.

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