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(영문) 서울중앙지방법원 2020.09.24 2018가합539884

보관금반환

Text

The plaintiffs' primary claim and conjunctive claim against defendant F Co., Ltd. are all dismissed.

2. Defendant C, D,.

Reasons

1. Basic facts

A. The plaintiffs are Japan, and the defendant C is defendant D's children.

Defendant E is the head of the branch office of Defendant F Co., Ltd. (hereinafter “Defendant FF Bank”).

B. 1) On January 18, 2017, the Plaintiffs heard from Defendant D’s statement that “on payment of KRW 1,00,000,000,000,” Defendant C would purchase the said amount’s capital (processed in the form of an easy storage) from Defendant C, and then remitted KRW 1,00,000 to Defendant C’s I Bank account to purchase the said C C’s capital. (2) On the same day, Defendant C prepared an additional statement under Defendant C’s signature on the same day, stating that “on a daily basis, keep cash of KRW 1,00,000,000,000,” and that “on January 20, 2017, Defendant D returned KRW 70,000,000,000,000,” and written the final statement under Defendant C’s signature on the said cash storage at the request of the Plaintiffs on January 20, 2017, Defendant D returned KRW 70,000,00.

(A) The cash custody certificate of this case, stating the above contents and each of the above signatures, shall be deemed to be the cash custody certificate of this case.

1) On January 20, 2017, Defendant C withdrawn KRW 1,000,000 from the account of the above IF bank account with cashier’s checks, and on the same day, Defendant C withdraws the same from the account of the above IF bank account with the cashier’s checks at the location of the PF Bank PF bank in Songpa-gu Seoul. (hereinafter “instant cashier’s checks”).

(2) Defendant E delivers his certificate of payment (hereinafter “instant certificate of payment”) and Defendant E’s seal imprint attached to the above certificate of payment (hereinafter “this case’s certificate of payment”) stated that Defendant F Bank’s manager is the seal imprint of Defendant F Bank’s manager, and Defendant F Bank’s seal imprint with the above K’s seal imprint affixed. Defendant E’s seal imprint with the above K’s seal imprint affixed.

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