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(영문) 서울중앙지방법원 2016.04.08 2015가합11330

예금반환

Text

1. Defendant B’s KRW 201,00,000 as well as 5% per annum from April 26, 2012 to May 28, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 17, 2009, at the Kim Chang-dong branch of the Defendant Han Bank, a deposit account (Account Number F; hereinafter “instant account”) was opened in the Plaintiff’s name.

B. The deposit of the instant deposit was deposited with the Seoul Jongno-gu Seoul Central District Court 2009Hun-Ba209 on May 14, 2009, in the amount of KRW 15,772,49,600 as a result of the adjudication of expropriation on March 27, 2009 on the expropriation of the building of Jongno-gu Seoul Jongno-gu G 135.5 square meters, Jongno-gu Seoul Jongno-gu H 846 square meters, and Jongno-gu Seoul H land building.

(hereinafter “instant deposit”). C.

On April 26, 2012, Defendant B, the second ancillary of the Plaintiff’s withdrawal of the instant deposit, withdrawn the sum of KRW 16,204,738,820 in the capacity of the Plaintiff’s agent and transferred the principal and interest of the instant deposit to the instant account. The said KRW 16,204,738,820 (hereinafter “instant deposit”) was withdrawn from the instant account, and KRW 6,979,00,000 out of which was deposited from the Defendant Han Bank account under the name of Defendant B (Account Number I), 6,979,00,000 in the account of Defendant Han Bank account under the name of Defendant B (Account Number J), 1,123,369,410 in the account of Defendant C’s spouse (Account Number J), 1,123,369,410 in the account of Defendant D’s account number under the name of Defendant B’s first parent bank account (K), 12,13639,314.

[Ground of recognition] The fact that there is no dispute or no clear dispute, entry in Gap evidence Nos. 1, 2, 7, 15, Eul evidence Nos. 1, 15, and the purport of whole pleadings and arguments

2. Summary of the plaintiff's assertion

A. The Plaintiff still has the instant deposit claim against Defendant Han Bank, as its primary claim is null and void in relation to the Plaintiff’s act of withdrawing the instant deposit to Defendant Han Bank, not the deposit holder of the instant account. The Plaintiff is against Defendant Han Bank, as part of its claim against Defendant Han Bank, and the Plaintiff is against this.