beta
(영문) 서울고등법원 2015.09.03 2015나10105

예금 등

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. In order to regularly deposit funds, Plaintiff A opened an account (i) or (vi) as indicated in the following table with Defendant Treasury, on behalf of Plaintiff B, C, D, and E, and opened each account (7) or (0) under the name of the above Plaintiffs on behalf of Plaintiff B, C, D, and E.

Plaintiff

A presented the identification card of Plaintiff B, C, D, and E, the nominal holder of each account, in the course of opening the above seven or (1) accounts, and registered the seals used by himself to manage the above (1) through (6) as the seals of each account (7) or (0).

(1) Plaintiff A: (1) 19, Jan. 19, 2009; (2) KRW 60,000,000 on April 28, 2008; (3) J 30,000 won on January 19, 209; (4) KRW 30,000 on April 19, 2010; (8) 8.4. 28, 2008,000 won on April 28, 2010; (8) Plaintiff 1,000,000 won on April 28, 2008; and (8. 1,000,000 won on April 28, 2010; and (8) Plaintiff 1,000,000 won on April 28, 2008; and (7) Plaintiff 200,000 won on May 28, 2008.

B. On October 14, 2009, the Defendant’s Treasury loaned KRW 210 million to Plaintiff A (hereinafter “instant loan 1”), and indicated that the pledge was established on each account deposit claim in order to secure the loan claim. The Defendant’s Treasury set up a pledge on each account deposit claim, and indicated that the pledge was established on each account deposit claim.

C. When the Defendant’s credit cooperative loans KRW 150 million to Plaintiff A on the same day (hereinafter “the instant second loan”), it set up a pledge on each account deposit claim under the Plaintiff’s above 2, 4, 5, 6, 8, 9, 9, 9, and 150,000,000 for each account deposit claim.

Defendant Treasury extended a loan of KRW 40 million to Plaintiff A on the same day (hereinafter “instant third loan”).