양수금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 28, 2014, as the father of the Defendants, Nonparty B (the Plaintiff’s attorney of the instant case) opened a passbook in the name of the Defendants, and deposited KRW 30 million in the Defendant’s account in the FF Association’s name, and deposited KRW 13 million in the Defendant D’s account, but it was impossible to withdraw the said money due to the Defendants’ non- cooperation, so there exists a claim for return of unjust enrichment equivalent to the above amount against the Defendants, and the Plaintiff, who is a relative of the Plaintiff, received the said claim for return of unjust enrichment on November 16, 2017. Therefore, the Defendants are obligated to pay the Plaintiff money as stated in the Plaintiff’s claim for return of unjust enrichment.
2. In the event that a deposit contract is concluded through a real name verification procedure under the Act on Real Name Financial Transactions and Confidentiality, and the fact is clearly indicated in the real name verification statement, etc., it would be reasonable to interpret that the deposit title holder, the actor representing him/her, and the intent of a financial institution would be the party to the deposit contract, and to clarify the legal relationship as to the party to the deposit contract.
In addition, such legal principles as to the interpretation of the party to the deposit contract shall be deemed to apply likewise to the case where the deposit title-holder himself appears in the financial institution and entered into the deposit contract, or a third party, such as the fund contributor, etc. (hereinafter referred to as the “contributed, etc.”) entered into the
Therefore, even though the real name verification procedure of the deposit title holder is conducted according to the intention of the deposit title holder, and the deposit contract is prepared with the deposit title holder as the deposit title holder, the deposit contract is made with the deposit title holder, who is not the deposit title holder, after going through the real name verification procedure, between the financial institution and the contributor, etc.