logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.09 2016가합509827
예금채권
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

A Regional Housing Association (hereinafter “Plaintiff Association”) is a regional housing association which has obtained authorization to establish a housing association on October 25, 2002 under the former Housing Construction Promotion Act (amended by Act No. 6836, Dec. 30, 2002).

Plaintiff

A union and B Co., Ltd. (hereinafter referred to as “B”) as a joint project proprietor on December 28, 2005, subject to the public notice of approval for the housing construction project plan of Mapo-gu public notice, and implemented the housing reconstruction project in the Seoul Mapo-gu Seoul Metropolitan Government F.

B On December 26, 2002, the Defendant entered into a deposit transaction contract with the Defendant (hereinafter “instant deposit contract”) and the deposit account (hereinafter “instant deposit account”). In this case, the Plaintiff’s association and the Plaintiff’s respective seal impressions are affixed to the column for the seal impression of the deposit transaction contract.

Plaintiff

A union and B entered into a membership agreement with its members of a regional housing association around 2003 and agreed to pay the members' contributions in the way of remitting them to the savings account of this case. Accordingly, the members' contributions were paid as the savings account of this case.

In addition, around 2003, the Plaintiff Union, B, and the Defendant made an intermediate payment loan to the persons subject to parcelling-out, including its members, and entered into a business agreement with the Plaintiff Union to deposit the loan into the account of the Plaintiff Union and B, and the Defendant deposited the intermediate payment in the account of this case according to the business agreement and the individual loan agreement with its members.

On the other hand, the design cost required for the housing reconstruction project was disbursed in the deposit account of this case.

B received the rehabilitation decision on April 7, 2015, and the rehabilitation plan approval decision on February 3, 2016, respectively.

Around April 29, 2015, the Defendant sent a written notice to offset the loan claims against the deposit claims of KRW 1,174,237,058, which remain in the instant deposit account, if the Defendant fails to repay the loan by May 4, 2015, and offset the loan claims of KRW 1,174,237,058, which were in the instant deposit account by May 5, 2015.

[Reasons for Recognition]

arrow