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(영문) 부산지방법원동부지원 2014.12.19 2014가합101537
사취금 등 청구의 소
Text

1. Defendant B’s KRW 74,00,000 and the Plaintiff’s annual rate of KRW 5% from August 27, 2014 to December 19, 2014.

Reasons

1. Basic facts

A. The relationship between the parties and the defendant B are simplified, and the defendant D is his wife, and the defendant C is his wife, and the defendant C is his wife.

B. Defendant A and Defendant B had opened term deposits in the name of E, F, and Defendant E several times from 2008 to 2008, and deposited KRW 130 million by opening a deposit account in the name of E, F, and Defendant B around February 2010.

The above KRW 130 million includes the sum of KRW 74 million paid to Defendant B by the Plaintiff as follows:

The actual tax amount of KRW 29 million, which was withdrawn from the account in the name of the Plaintiff on January 25, 2010, shall be KRW 22 million out of the actual tax amount of KRW 32 million, which was withdrawn from the Plaintiff’s new bank account on January 25, 2010.

C. On February 11, 201, the Plaintiff and Defendant B deposited KRW 34.5 million from the said term deposit account on February 11, 2011. D.

On July 12, 2011, Defendant B opened a post office account under the Plaintiff’s name and withdrawn KRW 100,490,630 remaining after withdrawing from the account in the name of the said E, etc. on July 12, 2011, and deposited KRW 100,490,630 again into the post office account in the Plaintiff’s name, and then withdrawn KRW 100,490,630 on July 13, 2011, and deposited KRW 30,000,000 in the Defendant C’s new bank account and KRW 20,000 in the Defendant C’s agricultural bank account.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The Plaintiff asserted that Defendant B is liable to pay the total amount of KRW 165 million and delay damages for storage and loan which Defendant B did not return as follows.

(A) Around 2007, the Plaintiff deposited KRW 20 million into the account under Defendant D (H prior to the name of the Plaintiff) with the custody of Defendant B.

(b) E.

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