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(영문) 서울중앙지방법원 2014.07.04 2013가합61775
예금 등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendants: (a) KRW 240,305,268 to each Plaintiff; and (b) as to the Plaintiff, January 2012.

Reasons

1. Basic facts

A. The status of the parties is a housing redevelopment and maintenance project partnership established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on April 17, 2007. Defendant B was the former president of the Plaintiff’s entire partnership (the Plaintiff’s corporate register was stated as the president of the Plaintiff’s association from February 25, 201 to December 17, 2012) and Defendant Nonghyup Bank Co., Ltd (hereinafter “Defendant Nonghyup”) concluded a deposit contract with the Plaintiff and deposited money from the Plaintiff.

B. The Plaintiff’s change of the Plaintiff’s transaction seal impression 1) The Plaintiff’s common account (Account Number C, hereinafter “instant account”) with the Plaintiff’s corporate seal impression as the Plaintiff’s corporate seal impression.

(2) Around June 18, 2012, the Plaintiff opened the instant account. Around June 18, 2012, the Plaintiff changed the transaction seal of the instant account into the Plaintiff’s corporate seal imprint and D’s seal imprint at the time of the Plaintiff’s corporate seal imprint and the Plaintiff’s corporate seal imprint and E’s seal imprint at the time of the Plaintiff’s corporate seal imprint to withdraw the deposit from

8.6. Around June, 200, the Plaintiff changed the transaction seal of the said account into the Plaintiff’s corporate seal impression and D’s seal impression so that the said two seal impressions can be withdrawn from the said account.

3) On September 27, 2012, Defendant B reported the loss of the passbook in this case to Defendant Nonghyup, and received a re-issuance of the passbook, and changed the transaction seal stamp in this case to the Plaintiff’s corporate body alone. C. The Plaintiff entered into a service contract between the Plaintiff and F and the Plaintiff on January 27, 2012, with the G Research Institute run by F as an agent for the Plaintiff’s duty to refund the Plaintiff’s infrastructure charges, and, in return, the Plaintiff paid 50% of the refund amount to F (excluding value-added tax) (hereinafter “instant service contract”).

2 The plaintiff is entitled to refund of infrastructure charges from the head of Dongdaemun-gu on May 11, 2012, KRW 560,319,000, and October 29 of the same year.

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