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1. The Defendant shall pay to the Plaintiff KRW 32,067,958 and the interest rate of KRW 20% per annum from September 14, 2013 to the day of full payment.
Reasons
1. Basic facts
A. C, who was an employee of the Seocho Central Saemaul Savings Depository (formerly: Honam Saemaul Savings Depository; hereinafter referred to as the “Yanpo Central Saemaul Savings Depository”) around September 2010 or around October 2010, sent to the Defendant a deposit account (Account Number D), a seal, and a regular deposit account in the name of the Plaintiff (Account Number F; hereinafter referred to as the “each of the instant regular deposits”) in the name of the Plaintiff to the Defendant on September 201 or on October 2010.
B. On January 17, 2011, the Defendant terminated each of the instant regular deposits at the Yeongdeungpo Central Saemaul Depository, and then withdrawn KRW 10,541,361 from the periodical deposit account in the name of the Plaintiff, and KRW 21,526,597 from the periodical deposit account in the name of the Plaintiff.
C. After that, the Plaintiff asserted that each of the instant regular deposits of this case was the Plaintiff’s money and requested the Defendant to return the said KRW 32,067,958 by telephone or content-certified mail (the date of March 5, 2013, March 18, 2013, March 26, 2013, and March 26, 2013), but the Defendant is refusing to return the said money.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) the Plaintiff’s regular deposit in the name of the Plaintiff is the Plaintiff’s money that the Plaintiff has the right to claim the return of the deposit, and the fixed deposit in the name of E is also deposited by the Plaintiff under an agreement with C, who is an employee of the Yeongdeungpo Central Saemaul Bank, to vest in the right to claim the return of the deposit. Thus, the Plaintiff is the deposit holder and even if the Plaintiff was not the deposit holder, and even if the Plaintiff was not the deposit holder, each of the instant regular deposit is the Plaintiff’s money, and if C is able to withdraw the deposit after the audit with the Defendant at the time of opening the passbook and seal of each of the instant regular deposit, the deposit is each of the instant regular deposits.