1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff and the father C of the Plaintiff are members of the D Association (hereinafter “D”) and the I Association (hereinafter “I”).

On September 27, 2011, as the recommendation of D managing Director E, the Plaintiff opened a regular deposit account of KRW 26,000,000 (the account number: F; hereinafter “the Plaintiff’s account”) and C opened a regular deposit account of KRW 25,000,000 (the account number: G; hereinafter “instant account”); and hereinafter “each of the instant accounts” in combination with the Plaintiff’s account under the Plaintiff’s name; each interest rate is 6.1% (4.8% if it is converted at annual interest rate) in 15 months; and each maturity was December 27, 2012.

B. From around 2016, the above I could no longer operate a normal business, where it was revealed that he/she committed a tort, such as embezzlement of large amount of deposits of customers of the above I during several years.

On June 8, 2016, the Defendant absorptioned and merged D on June 8, 2016. On July 27, 2016, the Plaintiff submitted to the Defendant a “report on Claim (Deposit, etc.)” to the effect that each of the regular deposits of KRW 26,000,000 on the instant Plaintiff’s account in the name of the Plaintiff, and KRW 25,000,000 on July 28, 2016.

C. On September 18, 2017, the Defendant sent a notice of non-payment to the Plaintiff and C to the effect that “it is difficult to recognize the formation of the reported deposit contract.”

C As C dies, C’s inheritors, including the Plaintiff, agreed on the division of inherited property with the content that the Plaintiff succeeds to the claim for the regular deposit amounting to KRW 25,00,000 on the account under the name of C in this case against the Defendant.

E. Meanwhile, E and H were indicted as charges of embezzlement, fabrication of private documents, etc. on May 8, 2017, and Busan District Court sentenced E to one year of imprisonment with prison labor for E on October 20, 2017 and four years of suspension of execution for H on June 20, respectively.

(Resan District Court 2017 Gohap202) After April 25, 2018, Busan High Court for E and H.