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(영문) 창원지방법원 2016.08.17 2015가합2324

예금주 확인 등

Text

1. The part concerning the claim for confirmation of deposit holders in the principal lawsuit of this case shall be dismissed.

2. On the Plaintiff (Counterclaim Defendant),

A. Defendant.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a clan similar organization comprised of persons residing in Kim Young-si, Kim Jong-si.

Defendant B was the president of the Plaintiff from January 1993 to February 27, 2015, while the Plaintiff’s clan member was in charge of the Plaintiff’s general affairs, financial affairs, and other duties.

B. On February 28, 2013, Defendant B opened the instant deposit account with the deposit owner “Defendant B” as well as the Defendant’s deposit owner “A”.

In the column of the seal impression in the deposit account of this case, the seal of Defendant B, E, and F three persons are affixed respectively.

C. Land Compensation Co., Ltd. and the same year as of June 18, 2013

6. On June 26, 201, G-si, Kimhae-si, G-si, H 1,839 square meters, I 457 square meters, J-si, and J 1,207 square meters. Defendant B deposited KRW 404,028,433 in the instant deposit account on June 16, 2014.

Defendant B’s embezzlement of rental fees on March 1, 2008 leased approximately 900 square meters to L, which is the Plaintiff-owned on April 1, 2008, and used KRW 2250,000 as the rent on April 25, 2008, KRW 3 million as the security deposit on June 4, 2008, KRW 2250,000 as the rent on May 1, 2009, KRW 2250,000 as the rent on April 30, 201, KRW 2250,00 as the rent on April 30, 201, KRW 450,00 as the rent on May 1, 201, KRW 270,000 as the additional rent on April 30, 201, KRW 270,000 as the rent on April 30, 201, KRW 278,27820.

On October 7, 2015, Defendant B was sentenced to a fine of KRW 5 million by Changwon District Court Decision 2014Da543 on October 7, 2015, and on June 2, 2016, Defendant B’s appeal against the above judgment (Seoul District Court Decision 2015No2414) was dismissed, and the above judgment became final and conclusive.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 8, 10 through 12, 15, 20, 21, 23, 24, Eul's evidence Nos. 5, 9, 11, and the purport of the whole pleadings

2. Determination as to a request for confirmation of deposit holders.