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(영문) 서울동부지방법원 2020.10.29 2019가단114837
보관금 청구의 소
Text

The plaintiff's primary claim and the conjunctive claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion from around 2014 to the Defendant’s account in accordance with the Defendant’s proposal. On May 25, 2016, the Plaintiff given the Plaintiff’s passbook, password, and card to the Defendant to manage the Plaintiff’s account by October 5, 2018.

In the meantime, the Plaintiff entrusted the management of the Plaintiff’s money to the Defendant, thereby establishing a deposit contract with the Defendant. Since the Plaintiff terminated the said deposit contract on October 5, 2018, the Defendant is obligated to refund KRW 38,946,508, excluding KRW 220,000,000,000,000,000,000,000,0000,000,000 won, which was deposited by the Plaintiff from February 25, 2014 to August 9, 2018.

Preliminaryly, the Defendant is obligated to pay KRW 38,946,508 as compensation for damages, out of the money voluntarily withdrawn from February 17, 2014 to October 5, 2018 by managing the Plaintiff’s money.

2. Comprehensively taking account of the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the fact that the Plaintiff has passbook No. 1 and the Defendant withdraws and uses the Plaintiff’s money with the Plaintiff’s instruction or consent by having the Defendant enter into a lease contract or apartment sales contract, etc. on behalf of the Plaintiff. In light of this, it is insufficient to recognize that the entries of evidence No. 1 through No. 9 alone made the Plaintiff keep the Plaintiff’s money from 2014 to 5, 2018, or that the Defendant had committed the crime of embezzlement by voluntarily withdrawing the Plaintiff’s money, and there is no other evidence to prove otherwise.

3. The plaintiff's main claim and conjunctive claim are all dismissed as they are without merit.

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