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(영문) 청주지방법원영동지원 2014.05.23 2013가단1241
보관금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in light of the following facts: Gap evidence Nos. 1, 2, 11-1, 12, 13, 51, Eul evidence Nos. 6-1 through 3, 7, 9-1 through 6, 18, and 22-1 through 19, or the whole purport of the pleadings as a whole.

From 2000, the Plaintiff has been engaged in various legal acts by taking advantage of the name of D while maintaining the friendship D with the Defendant (name before the opening of name: C).

B. The Plaintiff and D were indicted as an accomplice in the crime of attempted fraud, fabrication of private documents, and uttering of a falsified document by the Daegu District Court Decision 2009Da3354, and was not detained under confinement. On December 14, 2010, the Plaintiff was sentenced to two years of imprisonment, and D, one year and six months of imprisonment, and one year and six months of imprisonment, respectively.

(B) The above judgment became final and conclusive on October 27, 2011. (C)

When the Plaintiff was detained as above, the Plaintiff requested the Defendant to handle various affairs instead of the Plaintiff while leaving the Plaintiff’s passbook, seal imprint, etc. and being detained by the Plaintiff.

Upon accepting the proposal of the plaintiff, the defendant received two bankbooks in the name of the plaintiff (Account Number: E, F) and one passbook in the name of the plaintiff, and the agricultural bank passbook (Account Number: G), and Korean bank passbook (Account Number: H: hereinafter referred to as "each passbook in the case").

E. On December 14, 2012, the Plaintiff was released from office with the maturity of December 14, 2012, and thereafter returned the seal imprint, etc. left with each of the instant passbook through D.

F. Meanwhile, while the Plaintiff was confined, the Defendant used the Plaintiff’s total sum of KRW 150,000,000,000, which was deposited in each of the passbook in this case, while managing the Plaintiff’s business under the direction of the Plaintiff by going through an interview or exchanging letters. Of them, the Defendant’s total sum of the money used by the Plaintiff for the Plaintiff is KRW 102,00,000.

2. Summary of the parties' arguments

A. The gist of the plaintiff's assertion 1 is that the defendant is entrusted to each of the passbooks of this case.

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