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(영문) 창원지방법원 2014.09.18 2013가단24514
보관금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Although the Plaintiff asserted that the claimed amount of the instant case was a loan or a custody fee to the Defendant, the evidence alone presented by the Plaintiff is insufficient to recognize it.

Rather, according to the respective descriptions of evidence Nos. 1 through 8 (including paper numbers) and the purport of the witness C’s testimony and pleading, the Plaintiff and the Defendant seem to have donated their benefits to the Defendant as living expenses, while maintaining a de facto marital relationship for about two years from around December 2009 to around May 2010, while maintaining a de facto marital relationship. The Plaintiff and the Defendant donated their money to the Defendant under the name of living expenses, and paid their money to the Defendant as living expenses for maintaining a family life by inserting and managing the money received from the Plaintiff to the passbook.

Of the money remitted to the Defendant, the Plaintiff asserts that the difference excluding the money paid by the Defendant on behalf of the Plaintiff and the money paid to the Plaintiff is a loan or money preserved. However, it is reasonable to deem that the difference was used most as expenses for maintaining a marital life according to a de facto marital relationship and was paid in cash to the Plaintiff. The living expenses paid as above include not only the Plaintiff’s money but also the Defendant’s money (monthly income, salary, and card use under the Defendant’s name).

Therefore, the claim of this case based on the premise that the above money transferred by the plaintiff to the defendant is a loan or a custody deposit cannot be accepted without examining any further.

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