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(영문) 서울중앙지방법원 2019.06.20 2018가합590827
예금반환 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 663,109,753 and the interest rate of KRW 15% per annum from December 25, 2018 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff is currently holding the following claims for the return of deposits against the Defendant bank:

Plaintiff 3 E (hereinafter collectively referred to as “instant third account”) of KRW 69,965,509,500 KRW 663,109,753 (hereinafter referred to as “each of the instant accounts”) totaling KRW 663,109,753 [based on recognition] of Plaintiff 2D (hereinafter referred to as “instant second account”) 516,09,178 won in the balance of the account number No. 1 C (hereinafter referred to as “instant account”).

B. According to the above findings of determination, the Defendant bank is obligated to pay to the Plaintiff, who filed a claim for return of deposits by the instant lawsuit, the total sum of KRW 663,109,753 (=516,091, 178, 77,053,066 won) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 25, 2018 to the date of delivery of the duplicate of the instant complaint.

2. Determination on the assertion by Defendant Bank

A. The Defendant bank asserts that since payment of each of the instant accounts was suspended at the request of the head of Seoul Sungdong Police Station for registration of the account related to the crime, the Plaintiff bank cannot respond to the Plaintiff’s request for return

Comprehensively taking account of the evidence Nos. 1 and 1 evidence Nos. 1 and the overall purport of the pleadings, the fact that the head of the Seoul Sungdong Police Station requested the registration of the account related to the crime against the Defendant bank on May 23, 2018 and the suspension of payment to each of the accounts of this case on the ground that it was used in the fraudulent crime against the Defendant bank.

However, the suspension of payment by the head of the Seoul Sungdong Police Station, who is an investigative agency, is exceptionally allowed only when there is a provision in the law due to the compulsory disposal of property for the purpose of collecting and preserving evidence or the objects to be confiscated, such as the order of preservation for confiscation.

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