입출금통장인도
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 12,234,82 as well as the full payment from May 9, 2015.
1. Facts without dispute;
A. The Plaintiff is an organization established by 30 members based on Gwanak-gu for the friendship of those who reside in Seoul with their permanent domicile in the Chungcheong Island around December 1986, and D is currently the representative of the Plaintiff.
B. The Defendant is the E’s spouse elected as the Plaintiff’s president in January 2013.
C. On October 25, 2010, the Plaintiff’s officers and the Defendant deposited Plaintiff’s membership fees after opening an account in the name of the Defendant (hereinafter “instant account”). The Plaintiff’s officers have managed membership fees using the said account.
As of December 11, 2014, the balance of the instant account as of December 11, 201 is KRW 12,234,82.
2. The assertion and judgment as to the principal lawsuit
A. According to the above facts, since the money in the account of this case is the plaintiff, the defendant is obligated to pay to the plaintiff 12,234,822 won, the balance of the account of this case, and delay damages.
B. On this issue, the defendant asserts that the claim of this case should be dismissed because the plaintiff filed a previous lawsuit but withdrawn the same lawsuit.
Parties shall not institute a lawsuit again on a case pending before the court (Article 259 of the Civil Procedure Act), and no person who withdraws a lawsuit subsequent to a final judgment on the merits of the case shall institute the same lawsuit.
(Article 267(2) of the Civil Procedure Act. However, there is no evidence to acknowledge the fact that the same lawsuit as this case is pending in the court, and this Court case No. 2014Gahap4593 asserted by the defendant is the same as the lawsuit in this case, since D, the representative of the plaintiff, filed a lawsuit against the defendant on his personal qualification and withdrawn before the final judgment is rendered.
Therefore, the defendant's above assertion is without merit.
C. The Defendant’s financial assets in the instant account under the Act on Real Name Financial Transactions and Confidentiality are the Defendant’s financial assets.