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(영문) 부산지방법원 2020.02.13 2018가단310480

예금반환등

Text

1. The plaintiff's primary and conjunctive claims against the defendant B, and all claims against the defendant C, D, and E.

Reasons

1. Basic facts

A. 1) The Plaintiff is the F Association (hereinafter “F Association before the merger”).

A) The members of the FF Association entered into a large number of deposits and installment savings contracts with the F Association before the merger. The Defendant B Association was a G Association established for the purpose of credit business, etc. of its members, and was merged with the F Association before the merger on June 8, 2016 (hereinafter “Defendant B Association”), without distinguishing between the F Association before the merger and the Defendant Association.

(2) Defendant E serves as the managing director of the Defendant Association from December 1, 1993 to May 25, 2016. Defendant D generally takes charge of all the tasks, including the custody and management of the funds received from and received from the Defendant Association. Defendant D entered each Defendant Association on April 11, 1994, and Defendant C on November 3, 1997 and entered each of the Defendant Association on July 19, 2016, and Defendant D as the managing director in charge of the affairs related to the receipt and receipt of the funds, and Defendant C as the managing director in charge of the affairs related to the receipt and deduction.

The retirement was made.

B. The Plaintiff and the Plaintiff’s family members entered into a deposit contract between the Plaintiff and the Defendant B, from around 1998 to the Defendant B, as shown in the attached Table.

(hereinafter referred to as "each account") shall be in accordance with the attached Table No. 1.

The Plaintiff’s report on the accident claim and deposit of Defendant B’s association 1) Defendant E and D embezzled the deposit of the Defendant B association, and the Plaintiff’s deposit claim amounting to KRW 38,000,000 on the Defendant B association around August 8, 2016, total amount of KRW 43,45, and 46 accounts (hereinafter “instant reported claim”).

(2) On June 20, 2017, Defendant B deposited KRW 45,483,719 with the Plaintiff as the principal and interest of the instant reported claim as the principal and interest of the Plaintiff as the principal deposit (Seoul District Court Seosan Branch Branch Branch Decision 855, 2017).

Defendant E and D’s embezzlement, and related criminal cases, Defendant E and Defendant E were loaned to the members of the Defendant Association from March 29, 2010 to October 14, 2014.