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(영문) 서울중앙지방법원 2015.05.20 2014가단129343
손해배상
Text

1. The defendant shall pay 20 million won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The plaintiff was suffering from mental fissionra due to the defendant's remaining-born birth, but the plaintiff was under medical treatment and custody since 2004 and upon the plaintiff's request, the defendant managed the plaintiff's property.

【Reasons for Recognition】 Each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion is as stated in the attached Form 1 and the statement of argument. The contents of the plaintiff's assertion are as shown in the attached Form 1. The summary of the plaintiff's assertion is as shown in attached Form 1.

3. Determination

A. (1) With respect to the claim for principal that the Plaintiff has entrusted to the Defendant, the amount that the Plaintiff has entrusted to the Defendant is KRW 93 million, the remittance amount of KRW 2 million as of June 4, 2008, KRW 5 million as of June 5, 2008, and KRW 1.6 million as of December 29, 2008, including the remittance amount of KRW 6 million as of December 27, 2006, KRW 3 million as of December 27, 2006, KRW 20 million as of August 19, 2009, KRW 3 million as of June 14, 2003, KRW 6 million as of June 6, 2013, and KRW 7 million as of December 26, 2006.

[Ground of recognition] The facts without any dispute, Eul 3 through 14, and the purport of the whole pleadings 3] The defendant is obligated to pay the plaintiff 20 million won (1.6 million won - 86 million won) which is the difference, according to the above facts of recognition.

B. With respect to the claim for interest and delay damages on the principal that the Plaintiff entrusted to the Defendant, the Plaintiff claimed for payment of interest and delay damages calculated on a commercial interest rate on the principal. However, there is no evidence to acknowledge the agreement for payment of interest on the said principal. Rather, according to the evidence above, the Plaintiff granted the Plaintiff the right to manage his seal impression and deposit passbook to the Defendant, who is a relative. Since the Plaintiff refused to receive money that the Defendant intended to pay to the Plaintiff after the final remittance of the said Defendant, the Plaintiff’s assertion

C. Since there is no evidence to acknowledge the remainder of the claims, such as the Plaintiff’s claim for money equivalent to the book value and the claim for construction cost for the circuit circuit blocking, the Plaintiff’s assertion is without merit.

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