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1. The Defendant’s KRW 67,648,535 as well as the Plaintiff’s KRW 5% per annum from May 18, 2018 to April 3, 2019.
Reasons
1. Facts of recognition;
A. The Defendant, after marriage with the Plaintiff’s imprisonment C around 1987, married on December 26, 1997 and married on December 14, 2009.
B. On July 1, 1993, the Plaintiff completed the registration of ownership transfer with respect to D Apartment E (hereinafter “D apartment”) on July 25, 1989. On June 17, 2015, the Plaintiff concluded a sales contract to sell D apartment at KRW 148.5 million between F and F to sell the instant apartment.
C. On June 17, 2015, the Plaintiff received down payment of KRW 17 million from F, and on June 18, 2015, the following day, deposited KRW 14 million into the Plaintiff’s G Bank account (H) in the Plaintiff’s name. On July 16, 2015, the Plaintiff deposited KRW 61 million out of the receipt of the remainder KRW 130,150 million in the said account, and then deposited KRW 61 million in cash.
Around that time, the Defendant received a request from C to keep the Plaintiff’s money amounting to KRW 69 million. On May 7, 2013, the Defendant deposited the Plaintiff’s money deposited in the Plaintiff’s above KRW 69 million (hereinafter “instant money”) after re-issuance on July 30, 2015 of the passbook in the Defendant’s G Bank Free Savings Account (I; hereinafter “instant account”) under the name of the Defendant, which was opened and used on May 7, 2013.
E. The Plaintiff received the passbook and e-mail card under the name of the Defendant, and used money from the instant account from August 3, 2016 by means of the e-mail card, and received notice of the details of withdrawal from the said bank to the mobile phone number used by the Plaintiff.
F. Meanwhile, around July 22, 2016, the Defendant filed a lawsuit against C, such as divorce, with the Busan Family Court (transfer to the same court 2017dhap200217 after the Busan Family Court 2016ddan207320), and filed a report on the loss of the passbook and the card with respect to the instant account on September 2, 2016 during the divorce lawsuit.