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(영문) 인천지방법원 2017.01.11 2016나55165
예금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

Reasons

1. Basic facts

A. On March 30, 2007, D, the father of the Plaintiff, delegated the Defendant’s right to open a consignment account from the Plaintiff, and opened a consignment account (Account Number E, hereinafter “instant account”) in the name of the Plaintiff on behalf of the Plaintiff at the Defendant’s Seocheon Branch.

B. On July 16, 2012, D visited the Defendant’s Guro Digital Branch with a certificate of personal seal impression issued by the Plaintiff, and presented it together with the passbook of the instant account, the power of attorney for verifying actual names of the instant account, the Plaintiff’s car driver’s license, and issued the cash card of the instant account, and registered the transaction seal stamp as D’s personal seal impression from the original Plaintiff’s personal seal impression to D.

C. On January 10, 2013, D entered into a L Trust Contract with the Defendant for the Plaintiff on behalf of the Defendant (hereinafter “Prior Trust Contract”), respectively, with the trust amount of KRW 10,000,000,00 on behalf of the Plaintiff from January 10, 2013 to April 17, 2013 (hereinafter “instant trust Contract”); the trust amount of KRW 30,000,000; and the trust agreement period of the trust agreement (hereinafter “Prior Trust Contract”) as stipulated from January 10, 2013 to July 10, 2013.

D On April 29, 2013, at Defendantbucheon Branch, concluded a M Trust Contract with the Defendant on behalf of the Plaintiff by setting the trust amount of KRW 15,000,000 on behalf of the Plaintiff from April 29, 2013 to October 27, 2013, and transferred KRW 15,000,000 from the instant trust account to the instant trust account.

E. On August 7, 2013, D entered into a N Trust Contract (hereinafter “instant 2 Trust Contract”) with the trust amount of KRW 30,000,000 on behalf of the Plaintiff on behalf of the Plaintiff from August 7, 2013 to November 4, 2013. From August 7, 2013, D transferred KRW 30,000,000 from the instant account to the instant trust account.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 14, 18, 19, and Eul No. 1, 2.

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