예금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On September 27, 2011, Plaintiff A (the deceased on August 24, 2019; hereinafter “the deceased”) was a member of the D Association (hereinafter “D Association”). On September 27, 201, Plaintiff A opened a regular deposit account of KRW 25,00,000 (Account Number: F; hereinafter “instant account”). The interest rate was 6.1% (4.88% if it was converted at an annual interest rate) in 15 months, and its maturity was December 27, 2012.
B. Around 2016, the head of the above E and the vice-head of the D Association could no longer engage in normal business activities of the D Association, where it was revealed that the D Association committed tort, such as embezzlement of large amount of deposits from customers of the D Association, etc. for several years.
On June 8, 2016, the Defendant merged with the D Association on June 8, 2016, and on July 27, 2016, the Deceased submitted to the Defendant a “report on Claim(Deposit, etc.)” to the effect that a claim for a regular deposit amounting to KRW 25,000,000 exists in the instant account.
C. On September 18, 2017, the Defendant sent a “written notice of non-payment of reported deposits” to the deceased to the effect that “it is difficult to recognize the formation of the reported deposit contract.”
On the other hand, E and G were prosecuted on May 8, 2017 as charges of embezzlement, fabrication of private documents, etc. The Busan District Court sentenced on October 20, 2017 to one year of imprisonment with prison labor for E and four years of suspension of execution for G on June 2017.
(B) On April 25, 2018, Busan High Court sentenced E and G to two years and six months, respectively (the Busan High Court Decision 2017No636), and the judgment on E subject to the appeal period on May 3, 2018, the judgment on G was dismissed on June 28, 2018 (the Supreme Court Decision 2018Do7318).
(hereinafter referred to as “relevant criminal judgment”). E.
Information on the instant account remaining in the Defendant’s computer is KRW 1,00,000 for the contract amount, KRW 15 months for the contract period, September 27, 201 for the contract date, KRW 4.88% for the maturity date, December 27, 2012, and KRW 1,000,000 for the said contract amount was settled on September 27, 201.