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(영문) 서울고등법원 2017.02.08 2016나9560
손해배상(기)
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. The plaintiff and defendant's argument

A. The Plaintiff asserted that he had a large amount of money, and it is difficult to maintain his eligibility as a basic livelihood recipient. Therefore, in order to maintain his eligibility, the Plaintiff issued 50,000,000 won, which was withdrawn by a check on February 9, 2007, to the Defendant who had a transaction relation, and kept it in custody.

Therefore, the defendant is obligated to return the above custody money to the plaintiff.

B. The Defendant alleged that he received KRW 50,000,000 from the Plaintiff through his wifeY account on February 9, 2007, but the money was already returned to the Plaintiff.

2. If the purport of the entire pleadings is added to the statements in the evidence Nos. 7-2, 3, 14, 15, and 16 of the evidence Nos. 7-2, the defendant paid KRW 50,000,000 to the plaintiff on February 9, 2007, and paid KRW 51,000,000 to the plaintiff on March 20, 2007 through the defendant's wifeY's account and paid KRW 50,000,000 to May 26, 2010.

As to this, the Plaintiff asserted that the above KRW 51,00,000, which was paid by the Defendant, was returned to the Defendant to maintain the eligibility for a recipient of basic living expenses around November 3, 2006, and was separate from the instant amount of custody, and that the instant amount of custody was not yet returned.

However, it is not sufficient to recognize the fact that the Plaintiff stored KRW 45,00,000 on or around November 3, 2006 by itself with the statement of evidence No. 12, and there is no other evidence to prove it, the above assertion is rejected.

Meanwhile, the Plaintiff did not dispute the fact that the Plaintiff kept KRW 50,00,000 to the Defendant around November 6, 2008, and was returned from the Defendant twice on February 26, 2009 and March 21, 2011. Thus, as seen earlier.

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