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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The party's assertion and judgment
A. The plaintiff's assertion (i) and the defendant B are friendly, and the defendants are married.
The plaintiff was 200 million won while conducting clothes funeral, etc. from 29 suicide.
From September 15, 200 to February 14, 2014, the Plaintiff opened a large number of regular contract deposit accounts at the DDR branches with the identity card of Defendant B, who was the birth of the Plaintiff, and distributed KRW 200 million.
Around February 14, 2014, the Plaintiff withdrawn and arranged KRW 87,230,536 in total amount of regular deposits in the name of Defendant B from D Association. However, during the period from 2015 to 2016, the Plaintiff refused to request the Defendants to return the remainder of KRW 120 million deposited in the name of Defendant B.
Therefore, the Defendants are obliged to pay to the Plaintiff the amount of KRW 120 million and damages for delay.
Shebly, the Plaintiff’s assertion that the Defendants had traded the deposits in the name of Defendant B. However, the Defendants did not withdraw the Plaintiff’s deposit and use it.
The amount of deposits managed by the Plaintiff after opening a large number of deposit accounts in the D Association does not reach KRW 200 million.
2. First of all, the claim in this case was based on the premise that the sum of deposits managed by the Plaintiff from each deposit account opened in the name of Defendant B is KRW 200 million, and the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it otherwise.
Next, the Plaintiff’s assertion that the Defendants refused to return the deposit in Defendant B’s name, which the Plaintiff deposited, was refusing to withdraw the deposit. There is no evidence to prove this.
[As long as the Plaintiff himself/herself holds an identification card (issuance on September 21, 199) of Defendant B and withdraws the deposit on February 14, 2014, the Plaintiff’s identification card, not the Defendant B’s identification card (issuance on December 31, 2008) is recognized.