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(영문) 수원지방법원 2019.05.14 2018가단17743
보관금반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 5,00,000 and for this, KRW 5% from August 29, 2018 to May 14, 2019.

Reasons

1. Facts of recognition;

A. On October 14, 2015, Defendant B opened a bank account under his own name, and deposited KRW 65 million upon the Plaintiff’s request for custody (hereinafter “instant deposit”).

B. Since then, the Plaintiff was detained by the Plaintiff. Defendant C, who had no intent to use the deposited money of this case held by the Defendant B as the Plaintiff’s deposit, agreed amount, and attorney’s appointment fee, had the intent to use it for the same purpose, and deceiving the Defendant B by deceiving the Defendant B to use it for such purpose, and he/she acquired KRW 60 million from Defendant B, which was the sum of KRW 13.3 million on December 21, 2015, KRW 15.2 million on January 5, 2016, KRW 5.2 million on January 5, 2016, and KRW 60 million on January 12, 2016.

C. Meanwhile, Defendant B withdrawn on January 5, 2016, the remainder of KRW 5 million (i.e., KRW 65 million transferred to Defendant C - KRW 60 million), among the money kept at the request of the Plaintiff, and used it as its own hospital costs.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 4 and 6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff left Defendant B with the custody amount of KRW 65 million. The defendant B refused to return the money.

In addition, Defendant C acquired 60 million won out of the custody money of this case from Defendant B, thereby causing damage to the Plaintiff.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the instant deposit amount of KRW 65 million and damages for delay.

B. On October 14, 2015, the Plaintiff argued on the claim against Defendant B that the amount of KRW 65 million deposited in the instant case (Defendant B is KRW 60 million. However, according to the aforementioned evidence, Defendant B opened a passbook in his/her own name and deposited the amount of KRW 65 million deposited in the said account. Thus, the above assertion is rejected). Since Defendant B used the said amount of KRW 5 million out of the said amount as its operation cost, Defendant B used it as its operation cost.

On the other hand, according to the evidence mentioned above, Defendant.

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