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(영문) 부산지방법원동부지원 2020.07.15 2019가단3532
보관금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties’ assertion that: (a) the Plaintiff entrusted the Defendant with the custody of KRW 69,917,048 from January 13, 2017 to December 15, 2018 (hereinafter “the instant custody money”); (b) subsequently, the Plaintiff demanded the Defendant to return the instant custody money; (c) however, on the ground that the Defendant failed to pay the said money, the Plaintiff sought payment of KRW 69,917,048 of the instant custody money as well as the delayed payment as stated in the purport of the claim against the Defendant; (d) the Defendant entrusted the Plaintiff with the custody of the instant custody money; (e) however, on December 21, 2018, the Defendant paid the Plaintiff a full amount of KRW 69,917,048 of the instant custody money; and (e) accordingly, (e) the Plaintiff cannot comply with the Plaintiff’s claim.

2. Therefore, as seen earlier, the defendant is the 69,917,048 won of the amount of the deposit of this case entrusted by the plaintiff. Meanwhile, according to the evidence Nos. 1 through 8, the defendant is recognized to have repaid the amount of the plaintiff's claim through C. Thus, the defendant's obligation of the deposit of this case is all extinguished by repayment.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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