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(영문) 광주지방법원 2018.11.27 2017가단21317
보관금
Text

1. Defendant B’s KRW 118,872,275 as well as 5% per annum from September 22, 2017 to November 27, 2018.

Reasons

1. Basic facts

A. The Plaintiff had children F, G, H, Defendant B, and I between the deceased who was the spouse of the Plaintiff, and Defendant D is the husband of Defendant B, who was the Plaintiff’s husband.

B. The Network E died on October 25, 2012

(hereinafter referred to as “the network E”) C.

On November 29, 2012, the Plaintiff received insurance money of KRW 20 million as a beneficiary of insurance as an insured accident according to the insurance contract he joined by the Deceased.

The Plaintiff: (a) Defendant B between October 201 and January 2013, 2013; (b) KRW 90 million that was withdrawn and kept by the deceased’s Nonghyup Bank on October 12, 2012; (c) KRW 90 million that was withdrawn from the Plaintiff’s Nonghyup Bank’s deposit; and (d) said KRW 3 million that was withdrawn from the Plaintiff’s Nonghyup Bank’s deposit.

The sum of KRW 20 million received as described in the subsection was 20 million.

E. On March 2, 2016, a written agreement on cash division is drafted by affixing seals on the “written agreement on cash division” with the following content among the Plaintiff, F, and Defendant B.

(2) As to the Plaintiff’s cash amounting to KRW 195 million owned by the Plaintiff, the Plaintiff, including the Plaintiff, F, and Defendant B, as indicated in the following consultations, shall pay KRW 60 million to the Plaintiff, KRW 60 million to the Defendant B, KRW 60 million to the Defendant B, and KRW 60 million to the I until March 31, 2016; Defendant B shall pay KRW 10 million to the Plaintiff by March 31, 2016; and Defendant B shall pay KRW 10 million to the Plaintiff by March 31, 2016; and the remainder of KRW 5 million to the Plaintiff shall be deposited in money for the joint use by their children.

F. Meanwhile, Defendant B keeps the said KRW 60 million in his deposit account without paying the said KRW 60 million to F and I.

G. Defendant B paid KRW 6,896,955 to the Plaintiff between March 3, 2016 and October 10, 2017.

[Ground of recognition] Facts without dispute, Gap's evidence 1, 2, 5, Gap's evidence 11, 12, Eul's evidence 1, 5, 6, 7, 8, and 12, each statement of evidence 18-1 through 5 of evidence 18, and the whole purport of the pleading

2. Summary of the Plaintiff’s cause of claim

A. The Plaintiff is 200 million won between October 201 and January 2013.

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