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Reasons
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(영문) 서울중앙지방법원 2017.12.08 2016가단5257940
청구이의
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 5, 2014, the Plaintiff’s cashier’s checks of KRW 10 million at the face value No. B with the check number B (hereinafter “the check of this case”).

(2) On July 7, 2016, the Defendant filed a lawsuit claiming the payment of the check amount against the Plaintiff (Seoul Central District Court 2016 Ghana5158320).

3) On September 29, 2016, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant 10 million won with 5% interest per annum from February 6, 2014 to July 25, 2016, and 15% interest per annum from the following day to the day of full payment” (hereinafter the instant judgment).

(2) The judgment of this case became final and conclusive around that time. (2) C, in collusion with D, etc., obtained a loan of approximately KRW 1,80 billion from May 2008 to January 27, 2014 from around 15 financial institutions, including the Plaintiff, as security, between May 2008 and January 27, 2014, and acquired it (hereinafter “the instant loan fraud crime”).

Among them, the amount obtained by deceit from the plaintiff reaches approximately KRW 1.1 billion.1 billion.

2) E was in a de facto marital relationship with C, and is a deposit account opened in the Plaintiff (on November 24, 2008, the account number F, and hereinafter “instant deposit account”).

3) On February 5, 2014, E deposited KRW 180,528,180,000 out of the balance 180,528,180 in the instant deposit account, E deposited as KRW 10,000,000 cashier’s checks of KRW 4 and KRW 1,40,000,000.

The check of this case is one of four cashier's checks of KRW 10 million, which is withdrawn by E.

C. As a result of the relevant case, E holds two copies of the four 10 million won cashier’s checks, which were withdrawn as above, and as of April 7, 2014, the sum of the balance of the instant deposit account as of April 7, 2014 (hereinafter “the instant deposit, etc.”) and KRW 142,275,668 (hereinafter “the instant deposit, etc.”).

(1) filed a lawsuit claiming payment (Seoul Central District Court.

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