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(영문) 창원지방법원마산지원 2014.11.13 2013가단12252
보관금 반환
Text

1. The defendant shall pay 85,830,000 won to the plaintiff and 20% per annum from October 23, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 5, 191, the Plaintiff and the Defendant married to the Republic of Korea on the same day, and had a baby C (D) under the sleep, and reported a divorce on October 14, 2003.

B. On October 11, 2004, the Plaintiff deposited KRW 20 million with the corporate bank account under the name of the Defendant, and KRW 7,583,00,000 in total with the national bank account under the name of the Defendant on November 4, 2004.

C. On April 2, 2005, the Defendant remitted the Plaintiff’s KRW 10 million to E from the national bank account under the name of the Defendant to E.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and 2, the Industrial Bank of Korea and Korean National Bank of Korea's response to each order to submit financial transaction information to each company and Korean National Bank, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. From 2003 to 2003, the Defendant told the Plaintiff, who was unable to have a mind by administering a phiphone, to the effect that “I would have to keep the money within 10 million won because of the fraud of narcotics,” and the Plaintiff stored 95,830,000 won to the Defendant. Accordingly, the Defendant demanded the return of the remaining KRW 85,830,000,000 after deducting the amount paid to E out of the amount of custody.

B. The Plaintiff’s life, due to the Plaintiff’s sense of view and escape, led not only to the Defendant’s marriage but also to the Defendant’s mother F’s house after the Defendant’s report of divorce, and even after the Defendant’s report of divorce, F brought up the Plaintiff and the Defendant’s children, the Plaintiff donated KRW 20 million to F as compensation for property loss.

The defendant does not have received KRW 7,5830,00 from the plaintiff.

Even if the defendant received the above money from the plaintiff, 20 million won was paid to the plaintiff, the remainder was used as living expenses, and even if some of the remainder was paid to the defendant, it was paid as consolation money and child support.

Furthermore, since the marriage was broken down due to the plaintiff's crime and the defendant was fully responsible for the living expenses during the marriage, the defendant's money owned by the plaintiff.

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