logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2017.10.17 2016가단10400
예금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Determination on the claim for return of deposit

A. On July 18, 2012, A (hereinafter referred to as “A”) entered into two regular deposit agreements with Defendant’s Treasury on the annual interest rate of 4.3%, and on July 18, 2013, with the maturity of 20 million won (Account Number E) and 30 million won (Account Number F), respectively (hereinafter referred to as “the first regular deposit in the order”; and collectively referred to as “the second regular deposit in the order,” and collectively referred to as “each of the instant regular deposits”; there is no dispute between the parties that died on April 9, 2017 when the instant lawsuit was pending with Plaintiff B, Plaintiff C, and D, the husband of the instant case.

According to the above facts, barring any special circumstance, the Defendant’s Treasury may be deemed to have borne each of the periodical deposit payment obligations of this case against A, and since the Plaintiffs inherited A (legal share of inheritance is Plaintiff B, Plaintiff C, and D 2/7), the Defendant’s Treasury is obligated to pay to the Plaintiff B the periodical deposit payment of KRW 21,428,571 [= KRW 50 million + KRW 3/7,000 (= KRW 20 million above KRW 30 million) x KRW 3/7, but less than KRW 30 million; hereinafter the same shall apply] 14,285,714 (= KRW 50 million x 2/7).

B. The summary of the assertion 1) The Defendant’s credit cooperative concluded a loan contract of KRW 20 million and KRW 28.5 million between the Plaintiff’s ASEAN and the Plaintiff’s son who represented A with the delegation of A, and paid each of the above loans to A.

After that, on July 22, 2013, Defendant Credit Cooperatives offset each of the above loans and each of the instant regular deposits against the equal amount, and paid 1,248,013 won for the remaining regular deposits to A. As such, each of the instant regular deposits was extinguished by the offset and repayment.

B. The Plaintiff C did not have been delegated by A with respect to the conclusion of each of the above loan agreements.

Even if the defendant's credit cooperative set off the above loan claims and the regular deposit claims A, the plaintiff's above loan contracts are concluded.

arrow