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(영문) 광주지방법원 2013.10.24 2013가합241
예금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On 1985, the Plaintiff was engaged in the construction business of lending and telecom, etc., and was living together with B around that time until December 2007.

B. B, between September 30, 1996 and July 3, 2002, between September 30, 1996 and July 3, 2002, each of the regular deposit accounts listed in the attached Table (hereinafter “each of the instant accounts”) was opened in the name of the Plaintiff (hereinafter “instant account”) or a third party (hereinafter “instant account”) such as C, D, E, F, G, H, etc., respectively, and at the time of opening the passbook transaction seal of B, rather than the title-holder of the Plaintiff, etc.

C. The current status of deposits and deposits deposited in each of the instant accounts (hereinafter “instant deposits”) are as follows.

(1) From the self-reliance deposit account (I) to September 30, 1996, KRW 15 million deposited from the account in the name of B was transferred to the account of this case. On April 4, 1997, the instant account was closed and deposited again into the said account in the name of B.

(2) 20 million won deposited from the above account under B’s name on April 4, 1997 was transferred to the account (2) of this case on the same day, and again deposited into the account under B’s name on November 9, 1998.

(3) From the self-reliance deposit account (J) in the name of B to July 3, 2002, KRW 100 million was deposited in the other self-reliance deposit account in the name of B, KRW 90 million was deposited in the account in the name of B, and KRW 110 million remaining in the account of this case. The remaining KRW 100 million was deposited in the account of this case in the name of C, D, E, F, G, and H.

Deposit deposited in each of the above accounts was withdrawn on January 9, 2003 and used in the repayment of the debt of a loan for installment savings (loan Account Number K, etc.) in the name of the plaintiff and the debt of a loan for installment savings (Loan Account Number L, etc.) in the name of B.

(4) On January 16, 2003, KRW 20 million out of the total face value of cashier's checks issued by the Gwangju Bank and KRW 40 million,00,000,000,000,000.

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