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(영문) 제주지방법원 2020.08.12 2019나15168
예금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On April 6, 2016, the Plaintiff’s assertion that the Plaintiff entered into a regular deposit contract with the Defendant with a fixed amount of KRW 23,00,000,000, contract period of KRW 36 months (the maturity date, April 6, 2019), and KRW 23,00,000 on a yearly interest rate of KRW 2.3%, and the maturity date of the said regular deposit has arrived. As such, the Defendant is obligated to pay to the Plaintiff the total amount of principal and interest of KRW 24,342,610, and damages for delay calculated at each rate of KRW 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 7, 2019 to the delivery date of a duplicate of the complaint of this case from the following day to the delivery date of a copy of the complaint of this case, to the full payment date.

2. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1, 2, and Eul evidence Nos. 3, the defendant opened a regular deposit account of KRW 23,000,000 as alleged by the plaintiff on April 6, 2016, and deposited KRW 23,00,000 into a substitute transaction, and then issued the passbook to the plaintiff.

However, in light of the following circumstances acknowledged by adding the overall purport of pleadings to the statements in Eul evidence Nos. 1 through 6, it is insufficient to acknowledge that the aforementioned facts and the remaining evidence submitted by the plaintiff have entered into a regular deposit contract of KRW 23,000,000 with the plaintiff and the defendant, and there is no other evidence otherwise.

Ultimately, the plaintiff's assertion is without merit.

On April 6, 2016, the Plaintiff visited the Defendant’s business office in order to terminate the maturity of the regular deposit in the amount of 8,000,000 a.m. and the regular deposit in the amount of 15,000,000 a.m.

The Defendant’s employees C handled the Plaintiff’s business of terminating the maturity of the fixed deposit, and paid to the Plaintiff the interest accrued from each term deposit to “cash transaction” (cash). The amount of KRW 8,000,000 and KRW 15,000,000 was treated as “alternative amount” to re-deposit.

C promptly transfers 8,00,000 won to a newly opened regular deposit account, and transfers 23,000,000 won to a newly opened regular deposit account.

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