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(영문) 서울동부지방법원 2017.11.29 2017나270
예금반환
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuits, 827,059 won is claimed.

Reasons

1. Facts of recognition;

A. On October 28, 2014, the Seoul Eastern District Court Decision 2013DaDa414775 Decided the transfer money case (hereinafter “Seoul Eastern District Court”) issued a seizure and collection order with respect to the amount of KRW 5,021,710 among the deposit claims that the Plaintiff deposited or subsequently deposited in the Defendant (except for the deposit claims prohibited from seizure under Article 246(1)7 and 8 of the Civil Execution Act and under the Enforcement Decree of the same Act) until it reaches the claim amount of KRW 5,021,710 among the deposit claims deposited or later deposited in the Defendant, and the instant collection order was served to the Defendant on October 31, 2014 (hereinafter “instant collection order”).

B. On October 31, 2014, the Plaintiff’s deposit claim details against the Defendant: (a) as of October 31, 2014, the Plaintiff held the deposit account in the account number B, account number C, and account number D (house subscription deposit); (b) on August 3, 2014, the Plaintiff borrowed KRW 700,000 from the Defendant (hereinafter “instant loan”); and (c) at the time of lending the Plaintiff’s deposit claim to the Plaintiff, the Defendant set up a pledge on the Plaintiff’s deposit claim in the Plaintiff’s deposit account and obtained the fixed date on August 12, 2014.

C. (1) On January 21, 2015, the Defendant exercised a pledge on the ground that the Plaintiff lost the benefit of time, and disposed of the instant loan from the deposit account deposit account of the Plaintiff. On the same day, the Defendant paid KRW 2,442,099 out of the collection amount according to the instant collection order to the Mmerd Loan Limited Company.

(2) On January 4, 2017, after the date the judgment of the first instance was rendered, the Defendant paid KRW 66,118 out of the deposit claims in the deposit account to the Plaintiff.

(3) As of the date of the closing of argument in the trial of the political party, the Plaintiff’s above deposit account (=389,113 won in the deposit account ② 608,209 won in the deposit account; ③ termination disposition in the deposit account) remains.

(4) Meanwhile, on the other hand.

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