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1. The defendant shall pay 163,50,000 won to the plaintiff and 20% per annum from June 11, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On August 4, 2011, the Plaintiff, as the Defendant’s mother, opened a deposit account (Account Number C; hereinafter “instant deposit account”) in the Agricultural Cooperatives Federation under its own name, and thereafter opened the same year.
8.12. A corporation was remitted from E.S. to KRW 322,542,950, such as the purchase price of real estate owned by it to the said account.
B. On September 201, 201, the Plaintiff issued the passbook in the instant deposit account and the seal of the Plaintiff to the Defendant, who visited him/her, to whom he/she had the Defendant keep it.
C. The Defendant, without the Plaintiff’s permission, withdrawn a total of KRW 55 million from among the money deposited in the instant account on July 16, 2012, and remitted it to the post office and treatment securities account under the name of the husband of the Defendant. On October 29, 2010, when the purchase price of the Plaintiff-owned housing was deposited in the instant account on October 30, 201, the Defendant withdrawn and remitted the said KRW 18 million to the bank account under the Plaintiff’s name on October 30 of the same year.
On April 2014, the Plaintiff visited the Defendant and demanded the Defendant to return the money deposited by the Defendant in the instant deposit account to him/her. However, the Defendant rejected the Plaintiff’s return of the said money to the Plaintiff on the ground that, if the Plaintiff returned the money, the Plaintiff’s birth, the Plaintiff’s birth, would cause the Plaintiff’s birth, and the Plaintiff’s birth, would be a fluence
【Non-contentious facts, Gap’s evidence 1, 2, Eul’s evidence 1-1, 2-2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the defendant is obligated to pay to the plaintiff the total sum of KRW 163.5 million and delay damages for the plaintiff's money deposited in the deposit account of this case where the defendant kept the passbook, etc., without the plaintiff's permission, and transferred it to him/her with the deposit account in his/her name.
B. As to this, the Defendant issued the passbook and the Plaintiff’s seal to the Defendant, and notified the Defendant of the password.