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Reasons
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(영문) 울산지방법원 2014.12.17 2014나3788
부당이득금
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1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Basic facts

A. From January 201 to March 201 of the same year, the Defendant managed the property on behalf of the Plaintiff who was detained, and around January 19, 201, the Plaintiff opened an account of national bank (Account Number D; hereinafter “instant account”) in the name of the Plaintiff’s father C and had the Defendant keep and manage the account.

B. At the time of opening the account in the instant case, the Plaintiff deposited KRW 10,000,000,000,000,000 won by the Plaintiff’s Dong E on January 20, 2011, and the same year

1. 21. 30 million won, per year;

1. 25.10 million won, and the same year;

3.12.12.10 million won; C. March 17, 2011; and C. 6.9 million won for the Plaintiff’s ASEAN; and C. 40.570,000 won on March 23, 2011; and

3. 24. 6 million won deposited and a total of 1.8 billion won remains.

C. Around March 10, 2011, the Plaintiff kept KRW 5 million to the Defendant in cash at the HA certified judicial scrivener office located in Ulsan-gu G in Ulsan-gu, Ulsan-gu. D.

On the other hand, around April 28, 201, the Defendant returned KRW 65 million out of the custody money to the Plaintiff.

E. From January 31, 201 to May 1, 2011, the Defendant was indicted for summary consumption of KRW 28,808,064 out of the custody money entrusted by the Plaintiff as the Defendant’s living expenses, etc., and became final and conclusive on April 29, 2013 by Daejeon District Court Decision 2013 High Court Decision 201Da3423.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Gap 4-1 to 5, Eul 3, 4 and 5 evidence, and the purport of the whole pleadings

2. The party's assertion and judgment

A. (i) The money kept in the Plaintiff’s Defendant is KRW 1130 million in total (i.e., the deposit amount of KRW 180,000,000 in cash custody amount of KRW 5,000,000 in total). Of them, the Defendant returned KRW 65,000,000 in which the money used by the Defendant is KRW 48,80,080 (=130,000 won - 65,000 won).

2,680,000 won (=48,080,000 won - 25,400,000) with the exception of 2,5,400,000 won which the Plaintiff consented to use was embezzled by the Defendant. 4 million won, which is claimed to have been used as expenses by the Defendant.

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