채무부존재확인
1. The Plaintiff (Counterclaim Defendant) and the Defendants (Counterclaim Plaintiff) are based on a deposit account in the name of the network D (E).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is an association with the aim of promoting the productivity of the members of the female livestock industry and enhancing their economic and social status. The Defendants are the successors of the network D (hereinafter “the deceased”). Defendant C is the husband of the deceased, Defendant A and B are the children of the deceased.
B. On August 7, 1998, the Deceased opened a deposit account (E; hereinafter “instant deposit account”) in the name of the Deceased and deposited KRW 20 million with the Plaintiff.
C. On October 10, 1998, the deceased died, and on February 25, 1999, on the part of the deceased and on the part of the deceased, a loan transaction agreement was made between the Plaintiff and the Plaintiff on August 7, 1999 on the lending of KRW 20 million on the lending date (hereinafter “the lending transaction agreement of this case”) and deposited KRW 20 million in the account under the deceased’s name (F; hereinafter “the lending transaction account of this case”).
The above loan transaction agreement was signed and sealed by Nonparty G’s seal on the name of the deceased.
On August 9, 199, KRW 21,320,89 was deposited in the loan transaction account of this case. On the same day, KRW 21,320,820 was deposited in the loan transaction account of this case.
The deposit account of this case was terminated on August 9, 1998.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers, hereinafter the same shall apply), entry of Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on actual deposit holders in the deposit account of this case
A. The gist of the parties’ assertion argues that the actual deposit of the instant deposit account is Nonparty G, and that G used as a borrowed account with the consent of the deceased.
The defendants asserted that the actual deposit of the deposit account of this case is the deceased.
B. Determination 1 Concerning Real Name Financial Transactions and Confidentiality