(영문) 부산지방법원 2016.04.12 2015가단67075

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(영문) 부산지방법원 2016.04.12 2015가단67075

예탁금반환

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Defendant B’s defense prior to the merits of this case asserted to the effect that the instant lawsuit filed in this court, which was not the Incheon District Court, is unlawful, since the address of Defendant B is Incheon.

The lawsuit of this case against Defendant H&D Co., Ltd. is under the jurisdiction of this court since the head office of Defendant H&D Co., Ltd. is located in Busan, and the lawsuit of this case against Defendant B is under the jurisdiction of this court in the related trial under Article 25(2) of the Civil Procedure Act. Thus, the above assertion by Defendant B is without merit.

2. On December 24, 2001, the Plaintiff asserted that the Plaintiff deposited KRW 30 million to Defendant HH Investment Securities Co., Ltd. in Defendant B’s name and kept the passbook and seal of the deposit amount. As such, the said deposit is owned by the Plaintiff.

Therefore, the Defendants are obligated to pay to the Plaintiff the principal and interest of the above deposit amount of KRW 38,187,068 and delay damages.

3. In the event that a deposit contract is concluded through a real name verification procedure under the Act on Real Name Financial Transactions and the fact of the real name verification is clearly stated in the deposit contract statement, it would be reasonable to interpret that the deposit title holder, the actor, and the financial institution acting for the deposit title holder as a party to the deposit contract would be the party to the deposit contract, and to clarify the legal relationship as to the party to the deposit contract.

In addition, such legal principles as to the interpretation of the party to the deposit contract shall be deemed to apply likewise to the case where the deposit title holder himself appears in the financial institution and entered into the deposit contract, or a third party, such as fund contributors, etc. (hereinafter referred to as the “contributed, etc.”) entered into the deposit contract

Therefore, the real name verification procedure of the contracting party is carried out according to the will of the contracting party.

참조조문

-금융실명거래 및 비밀보장에 관한 법률

-민사소송법 제25조 제2항

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