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(영문) 전주지방법원군산지원 2015.06.11 2014가합1906

예금반환

Text

1. The defendant is based on the judgment of this Court 2014Gahap19 held by the defendant against the plaintiff A.

Reasons

1. Facts of recognition;

A. The Plaintiff A is the actual manager of Plaintiff B and Limited Liability Company E (hereinafter “E”).

Plaintiff

A, with the permission for the development of tinsan under the name of the Plaintiff B and E with the permission for the development of tinsan in the name of Ma, and agreed to provide the deposit to the Seoul Guarantee Insurance Co., Ltd. by opening an account in the name of the Defendant after introducing the Defendant who was a woman at the time to receive the insurance policy for the restoration performance guarantee from the Seoul Guarantee Insurance Co., Ltd.

Accordingly, on September 22, 2008, Plaintiff A withdrawn KRW 200,000 from the Postal Account (G) in the check, and deposited KRW 168,000,000 from the Plaintiff’s Postal Account (G) to the Defendant, after visiting the branch of the Korea Standards Bank (H) with the Defendant, deposited the said check. On July 9, 2010, Plaintiff A transferred KRW 168,00,000 from the NA’s Agricultural Account (I) in the name of the Defendant to the NA’s Agricultural Account (J) account.

After that, the plaintiff A provided the above deposit under the name of the defendant as security to the Seoul Guarantee Insurance and was issued an insurance policy for restoration guarantee.

B. The Gunsan-si did not perform its duty to restore tinsan to its original state, upon which D’s development permit was granted, claimed expenses for restoration to its original state to the Seoul Guarantee Insurance, and the Seoul Guarantee Insurance paid the sum of KRW 401,059,034 on April 17, 2013 the principal and interest of the above deposit in the Defendant’s name to the Si of Gun.

C. The Defendant filed a lawsuit against D by this Court 2014Gahap19 to seek reimbursement on the ground that he/she suffered losses from the loss of his/her claim under the name of the Defendant, and paid 20% interest per annum from January 9, 2014 to the date of full payment.

“A favorable judgment was rendered.”

(Judgment of dismissal of appeal by D on June 11, 2015). [Judgment of dismissal of appeal by D] / [Grounds for recognition] The fact that there is no partial dispute, entry of evidence A 1 through 10, witness K, L’s testimony, result of the party examination against the defendant, the purport of the whole pleadings.

2. The judgment of the plaintiff A's claim is from the plaintiff B's account as an instruction or action of the plaintiff A.