1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The Plaintiff’s assertion was in office in the CFC (hereinafter “CF”) and was in office in the CFC, and there was a deposit of KRW 81,038,703 in total in the said account.

However, after the plaintiff retired from office, the Crein Union committed a tort to withdraw the deposit from each of the above accounts without the plaintiff's consent or permission, and accordingly, the plaintiff's deposit was unjustly unjust.

Therefore, the defendant who merges with C&C is obligated to return the deposit owned by the plaintiff.

2. Determination as to the cause of action

A. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 7 (including each number, if any), and the records of the order to submit financial transaction information to the defendant of the court of first instance, and the whole purport of the arguments.

1) The Mutual Union is a non-profit corporation established under the Credit Unions Act. The Plaintiff was an employee of the Mutual Union from February 1992 to August 2004 and retired as a vice head. C New Mutual Union was merged and dissolved with the Defendant on December 15, 2008. 2) Of three common deposit accounts with respect to the Plaintiff’s Mutual Union, there were the balance of 2,145,235 won as of December 16, 2004, 200, 378,114 won as of March 30, 2005, 378,114 won as of the Mutual Union, 75,235 won as of April 30, 2005, 7,581, 305, 3081, 78305, 78381, 705, 78381, 7838, 705, 705 won as of April 30, 2005.

3. On the other hand, 2,138,782 won in total from the said accounts of the Corporation to December 22, 2004 to April 31 of the same month, 378,000 won in the above accounts of the Republic of Korea. From March 10, 2005 to November 5, 2008, the sum of 82,622,622,707 won in the above accounts from April 30, 2005 to November 5, 2008, 4,113,707 won in the amount deposited with interest, etc. from the above accounts during the above period of KRW 78,515,354 as of April 30, 205 and the deposit amount of KRW 82,629,629,061 as of March 30, 2005.