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(영문) 수원지방법원 2017.01.19 2015가합68921
예금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The defendant is a savings bank established under the Mutual Savings Banks Act and engaged in the business of credit installment savings, general loan, etc., and the total number of issued stocks is 2,800,000 shares. 2) The plaintiff and the representative director of the defendant are siblings C. D are referred to the plaintiff and C. The plaintiff and C are 1,064,00 shares equivalent to 38% of the total issued shares of each defendant, and D hold 672,00 shares equivalent to 24% of the total issued shares of the defendant.

B. 1) The Plaintiff entered into a 29 term deposit contract with the Defendant as shown in the attached Table (hereinafter “each deposit contract in this case”).

(2) On July 31, 2014, upon each of the instant deposits contract, D deposited KRW 2,980,000 in total to the Defendant on behalf of the Plaintiff, and on behalf of the Defendant, D applied for termination of each of the instant deposits contract on behalf of the Plaintiff. The Defendant transferred KRW 2,980,551,500 to the industrial bank account (Account Number E) in the name of the Plaintiff through each of the payment reserve accounts of Daegu Bank and Industrial Bank, and paid KRW 150,00,000 to D through check.

C. Around September 2014, the Defendant decided to pay the Defendant’s dividend resolution and dividends to pay 500 won per share equivalent to 10% of the par value at the 42 regular shareholders’ meeting at the 42th regular shareholders’ meeting. On October 2, 2014, the Defendant calculated by deducting the total of KRW 81,928,00,000 from the total of KRW 532,00,000, income tax of KRW 7480,000, local income tax of KRW 7,448,000 from the total of KRW 81,928,00,000 from the remainder of KRW 450,072,00,000 from the total of KRW 450,00,000 from the total of KRW 495,016,310,000 from each of the accounts of the Daegu Bank and the Industrial Bank. This appears to have made a request to D Bank to transfer the dividends to the Plaintiff.

The remaining 72,00 won was paid to D.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, 7, 9, and .

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