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(영문) 광주지방법원 2019.06.19 2019가단2990
보관금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On November 13, 2015, the fact that the transfer of KRW 200 million from the Plaintiff’s deposit account to the Defendant’s deposit account is no dispute between the parties.

Judgment of this Court

A. D, the summary of the Plaintiff’s assertion, exercising the substantial power of representation of the Plaintiff’s joint representative C, was arbitrarily transferred from the Plaintiff’s deposit account to the Defendant’s deposit account, and the Defendant kept the same.

Therefore, the defendant is obligated to pay to the plaintiff 20 million won of custody and damages for delay.

B. The written evidence Nos. 1 and 2 of the judgment alone is insufficient to recognize that the above KRW 200 million was the custody money that the plaintiff stored in the defendant, and there is no other evidence to acknowledge this. The plaintiff's assertion is without merit.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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