beta
(영문) 광주고등법원(전주) 2015.07.09 2014나3707

예탁금 반환 등

Text

1. Pursuant to the preliminary claim added at the trial, the Defendant shall grant the Plaintiff KRW 5,496,353 and its corresponding claim on April 15, 2015.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the court of first instance, except for the modification or modification of a part of the judgment of the court of first instance as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or modified parts] From 6th of the judgment of the court of first instance, to 7th of the judgment (the part concerning the claim against the defendant's defense in the summary of the plaintiff's assertion) shall be amended as follows:

1) Even if E responsible for the payment of deposits did not deposit the money received from F with the Defendant New Cooperatives or voluntarily withdrawn and used the deposited money, it is deemed that F entered into a deposit contract between F and the Defendant New Cooperatives to the extent that it delivered the money to E who was in charge of the receipt of the Defendant New Cooperatives to enter into a deposit contract with the Defendant New Cooperatives.

However, after the decision of the first instance court, the defendant Shin Jae-in deposited the amount of the award of the first instance court and its delay damages from among the funds that F gave to E.

Therefore, the defendant Shin Jae-gu, the heir of F, has a duty to make a preliminary claim on the following grounds: (a) the amount remaining after making a deposit for payment (including interest up to maturity) as above among the deposits under each of the above deposit agreements (the specific details claimed by F, but the F, the order 5,00,000 won was issued to E on March 29, 2010 (the above order 5). The plaintiffs have a duty to make a preliminary claim on the premise that the amount equivalent to the above money falls under F's inherited property; and (b) the plaintiff A and the defendant made a preliminary claim on the ground that the deposit return claim belongs to F's inherited property due to the formation of the deposit agreement between the plaintiff A and the defendant as to the amount equivalent to the above money belongs to F's inherited property; (c) and (d)

2. The defendant New Cooperatives with employer responsibility fails to deposit or deposit money received from E as a deposit account.