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1. All of the plaintiffs' primary and conjunctive claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On February 3, 2015, Plaintiff B opened an account with Defendant Bank (C; hereinafter “instant account”); KRW 3,045,000 on the same day; and KRW 43,00,000 on March 16, 2015, respectively.
B. On March 16, 2015, the Defendant sent to Plaintiff B a content-certified mail containing the intent of offset, and on March 27, 2015, on March 2015, the Defendant arbitrarily offseted all of the Defendant’s deposit claims against Plaintiff B under a loan transaction agreement (principal principal amount of KRW 4,097,470, and provisional payment amount of KRW 214,690; hereinafter the same shall apply) on March 20, 2007 against Plaintiff B as an automatic bond, and collected all of the Defendant’s deposit claims against Plaintiff B pursuant to a loan transaction agreement (principal principal amount of KRW 25 million, interest amount of KRW 2,486,010, intermediate interest of KRW 14,023,850 (hereinafter referred to as “second claim”).
C. Meanwhile, on October 31, 2014, Plaintiff B was declared bankrupt by this Court No. 2014Hadan293, and the decision of immunity became final and conclusive upon the decision of immunity granted by this Court No. 2014Da2938, Oct. 31, 2014. On the other hand, Plaintiff B did not include the claim Nos. 1 and 2 in the creditors list
[Ground of recognition] Evidence Nos. 1 through 6, Eul's evidence No. 10, and the purport of the whole pleadings.
2. The parties' assertion
A. The plaintiffs asserted that the defendant's 45,822,020 won out of the 45,822,020 won voluntarily withdrawn from the account of this case is the deposit for the lease on a deposit basis owned by the plaintiff, and the defendant should pay the plaintiff KRW 43,00,00 to the plaintiff. Since the claims Nos. 1 and 2 of this case are bankruptcy claims and the plaintiff Eul is subject to bankruptcy and immunity, the defendant's claim that the plaintiff should pay KRW 2,822,020 of the remaining deposit claim to the plaintiff, because it cannot offset the claims Nos. 1 and 2 of this case, which are exempted from liability, by using the automatic claim Nos. 1 and 2 of this case as the automatic claim, and if it is not acknowledged as owned by the plaintiff, the defendant should pay KRW 45,822,020 to the plaintiff.