The appeal is dismissed.

Plaintiff

The request for taking over a lawsuit by the applicant is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the court below rejected the defendant's defense that, notwithstanding the payment of deposits to the defendant bank B, the deposit claims of the Dong Asia Construction Industry Co., Ltd. (hereinafter "Dong Construction") with respect to the account in this case continue to exist and their maturity comes, and the defendant bank is liable to pay the plaintiff the term deposit deposits in this case. However, in light of the following circumstances, Eul's act of depositing the principal and interest on the deposit amount of the account in this case into the B account, which is the operation fund account of Dong Construction, in lieu of the defendant bank, the third party B paid the deposit obligations in this case on behalf of the defendant bank, and dismissed the main claim in this case.

① Although B was for the purpose of hiding his criminal act, B knew that the Defendant bank should pay the principal and interest on the corresponding maturity to the Dong Construction on the maturity date of the instant account, and deposited the principal and interest on the relevant account into B account, which is the operating capital of Dong Construction, in accordance with the maturity date.

Therefore, it is difficult to see that Defendant Bank did not have an intent to substitute for Defendant Bank’s deposit obligation, and it is reasonable to see that such intent of repayment was expressed implicitly or explicitly.

B was approved by E by stating that “The withdrawal of the regular deposit account will be used as the company’s operating fund and normally deposited at the maturity, even when requesting the withdrawal of the deposit in the regular deposit account related to the establishment of the pledge.”

In addition, considering the position of B that the Defendant bank should be liable for damages with respect to the withdrawal of deposits from the account of this case and that E should continue to receive, the Defendant bank’s deposit obligation on the account of this case is to be repaid instead of the Defendant bank’s deposit obligation.