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(영문) 서울고등법원 2015.06.12 2014나2013936
예금보험금
Text

1. The defendant Deposit Insurance Corporation among the judgment of the court of first instance, including the plaintiffs' claims extended in the trial.

Reasons

1. Facts below the facts of recognition do not conflict between the parties, or are recognized by adding up the whole purport of the pleadings to each description of Gap evidence Nos. 1 to 6, 9, 24, 32, 35, and Eul evidence Nos. 4 and 5 (including paper numbers; hereinafter the same shall apply).

[1] From January 2009, Plaintiff A trading time deposit with Plaintiff B from July 2005, Plaintiff C trading from January 2009, and Plaintiff C trading time deposit with Plaintiff D Bank (hereinafter “D Bank”) from January 2009.

Plaintiff

On January 20, 201, A entered into a term deposit contract with D Bank (Account Number E) with the principal of KRW 45,000,000, maturity of KRW 20 January 20, 2012, and annual interest rate of KRW 4.7%.

Plaintiff

B signed a term deposit contract (Account NumberF) with D Bank on February 9, 2011, with the principal of KRW 50,000,000, maturity of February 9, 2012, and the annual interest rate of KRW 4.9%.

Plaintiff

B On September 9, 201, the principal amount of KRW 10,000,000 was revoked among the above principal amount of KRW 50,000,000, and the principal amount was KRW 40,000.

Plaintiff

C On January 20, 201, the D Bank entered into a term deposit contract (Account Number G) with the principal of KRW 45,000,000 on January 20, 201, maturity of KRW 4.7% on January 20, 2012.

[2] On September 18, 201, the Financial Services Commission decided D Bank as an insolvent financial institution on September 18, 201, ordered D Bank to suspend its operations and to suspend payment of all obligations such as deposits.

Plaintiff

B on September 26, 201, the Korea Deposit Insurance Corporation (hereinafter “Defendant Corporation”) claimed KRW 20,000,000 out of the fixed deposit amount of KRW 40,000,000 as the provisional payment under the Depositor Protection Act.

Plaintiff

C On September 26, 2011, the Defendant Corporation claimed KRW 20,000,000 out of the fixed deposit amount of KRW 45,000,00 as the same provisional payment.

On January 17, 2012, the Defendant Corporation publicly announced that the Deposit Insurance Money (hereinafter “Insurance Money”) of the Depositor Protection Act should be paid to the depositors who have deposit claims against the D Bank.

In the notice above, the payment period of insurance money was from January 18, 2012 to March 19, 2012.

[3] On July 16, 2012, the Plaintiffs’ insurance proceeds with respect to each of the above term deposits (hereinafter “instant deposits”) to the Defendant Corporation.

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