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(영문) 대전지방법원 2016.04.19 2015나11258
예탁금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion (1) as follows: (a) total sum of KRW 35,00,000 per annum to the Defendant was fixed deposit amounting to KRW 1.8% per annum.

April 4, 2013 (Account Number B) 20,000,000 won, and one year;

(b) From July 4, 2013 (Account Number C) 3,000,000 won, and the period of three months:

(c) On October 4, 2013 (Account Number D), 6,000,000 won, and three months during the period;

D. On April 8, 2014, the Plaintiff collected KRW 29,000,000 from the Defendant on July 8, 2014 and did not receive the remainder of KRW 6,000,000,000 from the Defendant on July 8, 2014.

In other words, the defendant did not first pay the deposit under the above paragraph (1) or did not pay the deposit under the above paragraph (1).

2. (1) On April 4, 2013, the Plaintiff deposited KRW 20,000,000 as a fixed deposit for three months (one to three months).

(2) On July 4, 2013, the Plaintiff redeposited KRW 20,000,000 for three months, and additionally deposited KRW 3,000,000 for three months.

(Total) On October 4, 2013, the Plaintiff re-deposited KRW 20,000,000 for three months of the term deposit, and added KRW 3,000,000 for the term deposit plus KRW 3,000,000 for the term deposit, the Plaintiff deposited KRW 6,00,000 for three months of the term deposit.

(Total) (26,00,000 won) On January 6, 2014, the Plaintiff re-deposited KRW 20,000,000 for three months the fixed deposit, and re-deposit KRW 6,00,000 for the fixed deposit.

(Total) On April 8, 2014, the Plaintiff re-deposited KRW 20,000,000 for three months the term deposit, and added KRW 3,000,000 for the said term deposit plus KRW 3,000,000 for the said term deposit. (5) The Plaintiff deposited KRW 9,00,000 for the term deposit.

(total amount of KRW 29,00,000). (6) On July 8, 2014, the Plaintiff deposited KRW 20,000,000 with the maturity of KRW 9,000 for the fixed deposit and KRW 9,000 for the fixed deposit.

(7) According to the above facts of recognition, the deposits asserted by the Plaintiff that they were not paid are deposited in combination with additional cash.

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