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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 11, 2016, the Plaintiff loaned KRW 30 million to C, setting the due date as August 11, 2017.
C In addition to the repayment of principal KRW 1.2 million on September 20, 2018, the principal and interest of the loan was not repaid.
Accordingly, the Plaintiff filed an application with Busan District Court for a payment order claiming the principal of the loan amount of KRW 28.8 million and interest or delay damages. The payment order issued upon the Plaintiff’s application was served to C on October 19, 2018, and it became final and conclusive on November 3, 2018.
B. On April 12, 2002, C opened and traded a self-reliance deposit account (D, under the following, “the instant common deposit account”) with the Plaintiff, and withdrawn the balance amount of KRW 9,946,115 on June 26, 2018.
C withdrawn KRW 10 million from the general deposit account in the instant case on August 22, 2017, and again deposited KRW 10 million in the Plaintiff’s regular deposit account (E; hereinafter referred to as “the instant fixed deposit account”) and deposited KRW 10 million, but terminated on June 26, 2018, and deposited KRW 10,066,566 in total with the principal and interest.
C. On June 26, 2018, the Defendant, the wife of C, opened an ordinary deposit account (F, hereinafter referred to as the “first deposit account”) corresponding to the deposit claim in the attached Table 1 attached hereto, deposited KRW 9,946,115, and KRW 10,066,56, respectively, deposited from the instant common deposit account in the instant account, and deposited KRW 15,000,000 as the new term deposit account, and thereafter deposited KRW 3,100,000.
The Defendant opened a regular deposit account (G, the “instant second deposit account”) corresponding to the deposit claim in attached Table 2 on the same day, and deposited KRW 15 million deposited from the instant first deposit account as above.
The holder of each deposit account of this case shall affix his/her seal on the application form for the opening of a defendant or account.