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(영문) 서울고등법원 2015.09.16 2015나12293
예금반환 등
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. Basic facts

A. The Plaintiff’s deposit and check payment request 1) The Plaintiff was in a de facto marital relationship with B, living together with B, and opened with the Defendant (the account opening date November 24, 2008; the account number C; hereinafter “instant deposit account”).

(2) On January 29, 2014, KRW 4,343,610, and KRW 4,343,610 from the R limited liability company and KRW 29,771,67 were deposited respectively in the instant deposit account, and the balance was KRW 113,20,000 from B on February 1, 2014, and KRW 40,000 from D on February 5, 2014 were deposited respectively, and the balance was KRW 180,528,180.

3) On February 5, 2014, the Plaintiff deposited KRW 180 million out of the balance of the foregoing deposits with KRW 10 million, and two copies of the cashier’s checks of KRW 10 million among them (hereinafter “the instant check”).

(4) On February 11, 2014, the deposit balance was KRW 121,446,252 (i.e., KRW 180,528,180-180,862,350,63 won (Account Number T), KRW 60,663 won (Account Number E), KRW 29,862,418 (Account Number E), and KRW 30,704,991 (Account NumberF) was deposited respectively in the instant deposit account.

As of April 7, 2014, the balance of the instant deposit account was KRW 122,275,668 as of April 7, 2014 (hereinafter “instant deposit”).

5) On February 11, 2014, immediately after the deposit of the above termination revenue, the Plaintiff’s check amount and balance of the instant deposit account (hereinafter collectively referred to as “the instant deposit, etc.”) to the Defendant.

(B) A) B’s request for payment was rejected, but the instant request was rejected. (b) B’s representative director of G Co., Ltd. (hereinafter “G”) established for the purpose of manufacturing and selling telecommunications equipment, and K is the actual operator of U limited liability companies, R limited liability companies, and S limited liability companies (hereinafter collectively “special purpose corporations”) established for the purpose of arranging and brokering the purchase of claims as directors of G, and H, I, and I.

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