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(영문) 대전지방법원 2017.09.20 2016가합107060
예금
Text

1. The Defendant shall pay to the Plaintiff KRW 478,430,875 and the interest rate of KRW 15% per annum from December 1, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a clan comprised of descendants of BC who are 24 years of age.

B. On October 1, 2010, D, the representative of the Plaintiff, opened an account of one-year term deposit (name and welfare periodical deposit, E account number) with the Defendant Union, and deposited KRW 470,00,000 in the said account.

C. D, upon the maturity of the fixed term deposit, deposited interest at the maturity of the said term deposit, and the principal amounting to KRW 470,000,000, again opened a new term deposit with the maturity of the same period, and repeated transactions with the Defendant until October 5, 2016.

(hereinafter referred to as “instant term deposit” is added to each term deposit deposited between October 1, 2010 and October 5, 2016.

D The “name” column of each transaction application (No. 1 through 4, No. 4, and No. 4) submitted to the Defendant when entering the instant term deposit is indicated as “D (F)”. The Plaintiff’s official seal is affixed with the transaction seal stamp, and the “the attachment column of the real name confirmation certificate” is a copy of D’s resident registration certificate.

Meanwhile, even in the case of each of the term deposits of this case (A No. 1-6), the term “F-type” is indicated below the term “D”, and the term “transaction sheet or signature” is indicated with the Plaintiff’s official seal affixed thereto.

E. On June 20, 2012, D obtained loans from the Defendant as security for the instant term deposit amounting to KRW 470,000,000 in his/her own name (hereinafter “instant loan”).

F. On May 26, 2016, the Plaintiff recovered the passbook and official seal of the instant term deposit from D.

D) On October 5, 2016, when reporting that the Defendant lost the passbook and seal impression of the instant term deposit, D changed the transaction intensity of the said term deposit into the personal map of D, and received a new issuance from the Defendant of the passbook (No. 8) stating only D, without any additional entry, in the “deposit note” column.

D shall be deposited on the fixed deposit through the passbook newly issued on the same day.

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