부당이득금반환
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall also be deemed to have been filed.
1. Basic facts
A. The Plaintiff Ansan Agricultural Cooperatives (hereinafter “Plaintiff Agricultural Cooperatives”) had each account indicated in the separate sheet in which the Defendant is the nominal owner (hereinafter “each of the instant accounts”).
B. On May 30, 2012, the Defendant’s Defendant’s Defendant’s mother was paid KRW 75,568,215 in total of the deposits in each of the instant accounts by presenting a regular deposit passbook to each of the instant accounts, requesting termination upon maturity and withdrawal of money.
(hereinafter “Payment of the instant deposit”). C.
B opened the welfare-based fixed deposit account in the name of the JJ in the Republic of Korea, E, E, E’s children, G, H, I, and B for the purpose of donation before the birth. After the death of B, the above E et al. withdrawn the deposit from their own account.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3 (including each number), Eul's evidence 4, the result of the order issued by the court of the trial to submit financial transaction information to the safe agricultural cooperatives, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff agricultural cooperative paid the instant deposit to B is valid as repayment to the quasi-Possessor of the deposit claim. Therefore, the Plaintiff does not bear the obligation to return the deposit against the Defendant.
B. The defendant's assertion that he received cash from B around April 2007 and opened each of the accounts of this case to the plaintiff Nonghyup. The plaintiff as the contributor and the holder of each of the accounts of this case have the right to claim the return of deposit to the plaintiff.
3. Determination
A. As one of the means to determine whether a bank has no authority to receive a deposit from the applicant, when reporting the seal imprint affixed to the deposit application and the bank’s seal imprint affixed to the deposit passbook, and when verifying the comparison of the seal imprint affixed to the deposit passbook, the bank members who are skilled in comparison of seal imprints must perform their duties.