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(영문) 서울고등법원 2017.01.19 2016나2025469
예금반환
Text

1. All appeals filed by the Plaintiff and Defendant B are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. At the Changdong branch of Defendant Han Bank, on July 17, 2009, a deposit account (Account Number F; hereinafter “instant account”) was opened in the Plaintiff’s name.

B. The Seoul Jongno-gu Seoul District Court deposited KRW 15,772,49,600 on May 14, 2009 with the expropriation compensation of KRW 15,772,49,600 in accordance with the expropriation ruling made on March 27, 2009 on the above H’s land and the building on the land owned by the Plaintiff.

(hereinafter “instant deposit”). C.

Second, around 14:00 on April 26, 2012, Defendant B, as his agent, withdrawn the sum of KRW 16,204,738,820 in the principal and interest of the instant deposit in the capacity of the Plaintiff, and transferred the total amount of the instant deposit to the instant account (hereinafter “instant deposit”) around 17:12 on the same day. At around 18:29 on the same day, around 16,204,738,820 out of the said KRW 16,979,00,000 from the instant account at one bank account under the name of Defendant B (Account Number I), 6,979,000,000 in the account under the name of Defendant C’s spouse (Account Number J), 1,123,369,410 in the account number of Defendant C’s spouse, the first account number of Defendant C’s spouse, and one account number of Defendant D’s account in the name of Defendant B (Account Number 131,21314,23614,29,2314.

On March 28, 2016, immediately before the date the judgment of the first instance court of this case was rendered, the Plaintiff was administered in an emergency at a college of the Central University, and was under the management of Defendant B at the third medical institution.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 15 (including virtual numbers, unless otherwise specified; hereinafter the same shall apply), Eul evidence Nos. 1 and 75, and the purport of the whole pleadings

2. Determination as to the main defense of Defendant B, C, D, and E (hereinafter referred to as “Defendants” in this paragraph)

A. A. Around April 2016, the summary of the Defendants’ assertion, V, W husband and wife (hereinafter “V husband and wife”) pertaining to the Plaintiff’s legal representative on behalf of the Plaintiff in the instant appellate trial.

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