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(영문) 대전고등법원 2020.04.09 2019나14897
요양보호약정금반환
Text

1. The defendant's appeal is dismissed.

2. The plaintiff's claim is changed or added in exchange for another court.

Reasons

Basic Facts

동거의 시작 원고는 2003년경 상처(喪妻)한 후 2010. 5.경 지인의 소개로 피고를 만났고, 2010. 10.경부터 원고의 집에서 피고와 동거하기 시작하였다.

The Plaintiff paid a total of KRW 241 million to the Defendant (i.e., KRW 20 million on December 28, 201) as follows (i.e., KRW 98 million on January 4, 201, KRW 50 million on December 19, 2014, KRW 23 million on December 23, 2015, KRW 50 million on December 27, 2015).

1) On December 28, 2011, the Plaintiff terminated the bank account (Account Number F) in the name of the Plaintiff at the closing point of the D Union, and paid 20 million won out of the withdrawn amount to the Defendant. On the same day, the Defendant opened an E Bank Deposit Account (Account Number G) in the name of the Defendant at the branch of D Union and deposited KRW 20 million in the account in the name of the Defendant. (2) On January 4, 2012, the Plaintiff deposited KRW 10 million in the post office in the name of the Plaintiff (Account Number H: 10 million, Account Number I:15 million, Account Number J: 15 million, Account Number K: 30 million, Account Number 300 million, and KRW 935,980,000 among the account number of the Plaintiff’s L Bank account in the name of the Plaintiff at the Seosung-dong Branch of the D Union.

On the same day, the Defendant opened a post office deposit account (Account NumberO) in the name of the Defendant, deposited KRW 13 million, and paid KRW 20 million insurance money after purchasing a pension insurance without dividends, and deposited KRW 25 million in the account (Account Number P Handling Number 1, 2: 2:5 million each, and Account Number Q: KRW 15 million each) in the account in the name of the Defendant at the location of the distribution store of the L Bank.

3) On December 19, 2014, the Plaintiff terminated the deposit account (Account Number R) in the name of the Plaintiff at the Daejeon U.S. post office, and paid 50 million won to the Defendant. On the same day, the Defendant opened the account account in the name of the Defendant at the Daejeon U.S. post office (Account Number S) on the same day.

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