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(영문) 대구지방법원 2018.09.20 2017나313071
보관금반환 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 3 (including branch numbers for those with a serial number; hereinafter the same shall apply) and all pleadings as to the cause of the claim, it is recognized that the plaintiff received the transfer from the defendant of KRW 30 million on November 17, 201, KRW 20 million on February 4, 2013, KRW 11,000 on December 11, 201, and KRW 10 million on December 11, 2014, and then remitted the defendant of KRW 10 million on June 30, 2015, KRW 140 million on August 19, 2015, respectively.

Furthermore, the above facts are as follows: ① The Plaintiff, upon filing the instant lawsuit, transferred money of KRW 30 million from the Defendant to the present, from November 17, 2011; KRW 20 million on February 4, 2013; KRW 60 million on December 11, 2014; and deposited KRW 60 million in the name of the Defendant to the Plaintiff and received money from the Defendant on June 30, 2015, including KRW 60,000,000,000 from KRW 80,000,000,000,000 from the Defendant to the present; ② The Defendant asserted that the Plaintiff was to purchase apartment in the name of the Defendant; and that the Defendant was to receive money from the Defendant on June 30, 2015, KRW 10,000,000,000,0000,000,000,000,000,00 won from the Defendant’s payment.

There is no evidence to acknowledge the fact that the Plaintiff was either paid or left, and on the other hand, it is also acknowledged that the Plaintiff paid KRW 1100,000 per month to the Defendant as monthly payment from January 2013 to March 2016. ③ In addition, the Defendant asserts that KRW 180,000,000 was the money donated to the Plaintiff by the Plaintiff, but no evidence exists to acknowledge it.

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