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(영문) 서울고등법원 2017.07.26 2017나2011306
예금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's additional selective claims are dismissed in this court.

3...

Reasons

1. Basic facts

A. The defendant is a savings bank established under the Mutual Savings Banks Act and engaged in business such as credit installment savings and general fund loan, and the defendant representative director C, the plaintiff's father D, the plaintiff, and the plaintiff's living together, holds the total number of shares issued by the defendant 2,800,000: 38: 38.

B. (1) The Plaintiff deposited KRW 3,080,000 in total with 29 time deposits (hereinafter “instant time deposits”) to the Defendant as shown in the attached Table, but on July 31, 2014, D applied for termination of each of the instant deposit contracts on behalf of the Plaintiff.

(2) The Defendant deposited KRW 2,980,51,500 into the account of the Korea Development Bank in the name of the Plaintiff through the payment reserve account of the Daegu Bank and the Korea Development Bank on the same day, and deposited KRW 150,000 in the check and paid to D.

(3) D visited the branch of the Korea Development Bank on the same day, and deposited KRW 2,980,551,500 in the Plaintiff’s name on behalf of the Plaintiff, and deposited KRW 48,861,50 in each account of the Plaintiff’s negotiable certificates of deposit 61 on the same day.

C. (1) On September 2014, the Defendant decided to pay 500 won per share equivalent to 10% of the face value at the regular shareholders’ meeting at 42th regular meeting.

(2) On October 2, 2014, the Defendant, at the request of D on behalf of the Plaintiff, deposited KRW 532,00,000 with the account of the Korea Development Bank in the name of the Plaintiff via the payment reserve account of the Daegu Bank and the Korea Development Bank, and deposited KRW 450,00,000, the remainder after deducting KRW 81,928,000 from the income tax of KRW 74,48,000 (hereinafter “instant dividend”) and KRW 72,000,000 from the income tax of KRW 74,48,00,000 from the income tax of KRW 74,448,00. The remainder was paid to D.

(3) D) on behalf of the Plaintiff on the same day, KRW 45,016,310 won in the account of the Plaintiff’s negotiable certificates of deposit at the location of the Korea Development Bank in the Republic of Korea on the same day.

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