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(영문) 창원지방법원 2015.05.12 2014가단77003
예금
Text

1. The Defendant’s KRW 48 million and the Plaintiff’s annual rate from June 6, 2014 to May 12, 2015, and the next day.

Reasons

1. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion made a deposit contract between the Defendant and ① on February 20, 2014, with the maturity of February 20, 2015, with a deposit contract of KRW 30 million at KRW 30 million, and ② on March 13, 2014, with the maturity of March 13, 2015, entered into a deposit contract of KRW 30 million with the maturity of March 13, 2015, and the Plaintiff terminated all of the said deposit contract. As such, the Defendant is obligated to pay KRW 60,000,000,000 for the said periodical deposit.

B. The contract for a deposit as to whether a deposit contract is established shall be established with the provision of money to a financial institution with the expression of the intent of the deposit, and the financial institution obtains confirmation of the amount from the intent of the deposit, and even if an employee of the financial institution has embezzled the money received from the financial institution without making a deposit,

(1) The Plaintiff and the Plaintiff’s husband, through the Defendant’s employee C around 1998, have deposited KRW 100 million and renewed each time deposit to the Defendant in accordance with the purport of the entire pleadings (see, e.g., Supreme Court Decision 95Da26919, Jan. 26, 1996). In full view of the purport of the arguments in the evidence Nos. 1 and 2, the Plaintiff and the Plaintiff’s husband, through the Defendant’s employee C around 1998, have deposited KRW 100 million and consumed part of each time deposit. The Plaintiff and the Plaintiff also deposited KRW 30 million in the Plaintiff’s name around August 28, 2008 and KRW 30 million in each of the remaining money through C, and around August 27, 2009, upon the Plaintiff’s consent, the Plaintiff and the Plaintiff agreed to the Plaintiff’s temporary deposit with KRW 30 million in the Plaintiff’s name of KRW 300,000, Jul. 25, 2013.

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