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(영문) 광주지방법원 2018.10.31 2018가단4951

예금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from March 17, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 8, 2010, the Plaintiff and the Intervenor joining the Defendant (hereinafter only referred to as the “Defendant joining the Defendant”) are married married couple on July 8, 2010, and currently a divorce lawsuit is pending as the Gwangju Family Court 2018dhap3036.

(B) A divorce action is brought by the plaintiff's improper act. (B)

B is an employee working at the C branch of the defendant union.

C. From 1999, B, prior to marriage with the Plaintiff, had been engaged in the business of opening, depositing, withdrawing, and terminating deposits, etc. in the name of the Plaintiff established in the Defendant Union from the time of filing a divorce lawsuit between the Plaintiff and the Plaintiff.

In relation to the above transaction, the plaintiff did not express his intention to delegate his authority to the defendant union B, and the defendant union did not verify the power of attorney in B.

B는 2017. 10. 12. 피고조합에 예치된 원고 명의의 예금 ① 행운팡팡사은예금(계좌번호 D)을 해지하여 392,184,505원을 지급받고, ② 행운팡팡사은예금(계좌번호E)을 해지하여 30,195,845원을 지급받았다.

B entered the Plaintiff’s name before the termination of each of the above deposits, and affixed the seal stating the Plaintiff’s name and affixed his own business seal (F).

B was an employee in charge of the termination of the above deposit.

After the Defendant Union cancelled the above withdrawal due to the violation of the Real Name Act by the Plaintiff’s cancellation of the deposit account, and restored the account under the Plaintiff’s name that was terminated due to the violation of the Real Name Act, the Defendant Union collected the money from B on December 27, 2017.

According to the agency, ① the deposit termination amount of KRW 392,482,157 and ② the deposit termination amount of KRW 30,222,540 were paid to the Plaintiff.

E. B, with the Plaintiff’s permission on March 10, 2003, opened a free savings account (Account Number G, hereinafter “instant account”) in the Plaintiff’s name, signed by himself instead of the Plaintiff’s seal, and attached a copy of the Plaintiff’s identification card to the application form.

F. B On March 8, 2011, a second transaction application is filed to reissue the passbook of this case’s account.