beta
(영문) 서울중앙지방법원 2016.09.27 2015가단5310882

예금

Text

1. The Defendant’s KRW 30,000,000 as well as 20% per annum from September 22, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 2, 2013, the Plaintiff’s father B entered into a contract with the Defendant for a term deposit (hereinafter “instant term deposit contract”) with the amount of KRW 0.32% per annum, the contract term of KRW 12 months, and the contract amount of KRW 280 million on January 2, 2014, and deposited KRW 280 million to the Defendant.

B. At the time of the instant term deposit contract, the net B entered the name of the contractor in C academic association B and real name number D, and the above contractor’s name and real name number are based on the name and identification number of C academic association represented by the network B.

On the other hand, the CSchool Association's articles of association did not appear in this court, there are no other members except B from the CSchool Association, and on February 24, 2012, at the bottom of the identification number issued by the director of the CSchool to the above CSchool Association, the statement on the fact that the CSchool Association's articles of association stated that "it is not possible to grant legal personality by granting these identification numbers, by the Civil Code and other special Acts.

C. The deceased Party B died on July 2014, and the Plaintiff and Nonparty E became the heir of the deceased Party B’s co-property, one-half of each inheritance share.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, fact-finding results on the Mapo Tax Office of this Court, purport of whole pleadings]

2. According to the facts of the above recognition, the parties to the term deposit contract of this case, notwithstanding their names, are not CGC but B, and since the maturity of the term deposit contract of this case has arrived, the defendant is obligated to pay damages for delay at the rate of 15% per annum from September 22, 2015 to September 30, 2015, the delivery of the copy of the complaint of this case to the plaintiff, who is the heir of the deceased B, of the amount corresponding to 1/2 of the term deposit of this case, and the delivery of the copy of the complaint of this case to the plaintiff, who is the heir of the deceased B, and the delay damages at the rate of 30 million won per annum from the next day to the day of full payment.

As to this, the defendant is not a party to the term deposit contract of this case but a net B.