(영문) 수원지방법원 평택지원 2018.07.20 2017가단9614

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2018.07.20 2017가단9614

예탁금 반환

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Whether the lawsuit of this case is legitimate

A. The gist of the Plaintiff’s assertion was to set up a pledge of KRW 100 million against the Defendant’s account (Account Number: C). However, the Defendant, a branch of the Plaintiff, committed a pledge by misappropriation of the Plaintiff’s password on March 3, 201, thereby unfairly withdrawing KRW 100 million, and the Defendant is obligated to return KRW 100 million, which was unfairly withdrawn to the Plaintiff.

(b) In a single suit, the ability of the parties to the suit is recognized only to the person of character with the legal capacity under private law, and the legal capacity is recognized to be natural, legal or non-legal entities associations, and the suit filed against a person without the legal capacity or against a person without the legal capacity is unlawful.

The plaintiff did not file a lawsuit against the partnership, and filed the lawsuit of this case against the defendant, who is the branch of the partnership. The branch of the legal entity, unless its own legal personality is recognized, is not recognized as having legal capacity, and there is no evidence to find that the defendant either was a separate legal entity independent from the partnership or acquired an independent legal personality.

(B) According to the statement in the evidence No. 3, the plaintiff had already filed a lawsuit against B association and confirmed the fact that it was subordinate to the decision of recommending a compromise, and the plaintiff seems to have filed the lawsuit of this case against the defendant who is not a B association, but a mere branch, due to res judicata effect of the above decision of recommending a compromise). Ultimately, the lawsuit of this case filed against the defendant who is merely a business office or a branch of B association, is unlawful,

2. It is so decided as per Disposition by the assent of all participating Justices, since the lawsuit of this case is unlawful.

참조조문

-금융실명거래 및 비밀보장에 관한 법률

유사 판례

-서울중앙지방법원 2016. 11. 17. 선고 2016가단53129 판결

-수원지방법원안양지원 2020.09.17 2020가단1620

-서울중앙지방법원 2017.02.09 2016가단5242740

-서울중앙지방법원 2016.11.17 2016가단53129

-의정부지방법원 2016.06.10 2015나9074