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(영문) 대구지방법원안동지원 2016.03.30 2015가단22861
예금
Text

1. The Defendant shall pay to the Plaintiff KRW 42,875,785 and the interest rate of KRW 0.1% per annum from August 9, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. From the old date, the Plaintiff’s organization is an organization comprised of those who resided in B (Gu-dong, Dong-dong, Dong-dong) and who are enrolled in the Plaintiff’s list as its lineal descendants or those who reside in B. The rules of the Plaintiff’s organization stipulate that one chairperson, one vice-chairperson, two auditors, and one secretary as its executive officers (the president, vice-chairperson, and auditor shall be elected at the general meeting, and the president shall be appointed at the general meeting), and that the chairman represents the Plaintiff’s organization. The Plaintiff’s business revenue and other income of the Plaintiff organization shall be appropriated for operating expenses of the Plaintiff’s organization, and the members shall be provided with relief or scholarships.

B. On September 28, 2012, C opened a new account in which account number D, product name deposit, customer name C, additional statement A, new amount is KRW 32,154,042 at a store in charge of Defendant Bank (hereinafter “each of the instant accounts”) and account number E, product name deposit, customer name C, customer name C, additional statement name C, and new amount is KRW 11,009,712.

C. At the time of the opening of each of the instant accounts, C submitted a trade application and a certificate of issuance of resident registration certificates, stating the name of the employee of the Defendant Bank as the Plaintiff’s organization. At the time, C confirmed that the Defendant Bank’s personnel F and G sent the Plaintiff’s bylaws by facsimile, and that rules were written by C as the chairperson of the Plaintiff’s organization (H, the auditor, I, J, and the secretary K).

D. On October 24, 2012, C is the Plaintiff’s taxpayers’ name as “B transmission” but the substance appears to be the Plaintiff’s property tax in light of the following grounds.

The property tax of KRW 1,659,200 was paid from the E account among each of the instant accounts.

E. As of August 8, 2014, KRW 42,875,785 remain in each of the instant accounts.

[Ground of Recognition] 150(1) of the Civil Procedure Act, each entry of Gap evidence Nos. 1 through 12 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings

2. The cause of the action.

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