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(영문) 부산고등법원 2020.06.18 2018나59215 (1)
예금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the part of the reasoning of the judgment of the court of first instance, except for the addition of “the 3rd priority” as set forth in the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is as follows.

A person shall be appointed.

C. The defendant's assertion 1) The defendant's assertion as to the plaintiff's assertion as to the plaintiff's assertion as to the plaintiff's delegation of authority to the plaintiff's account in the name of J et al., and the plaintiff's main and ancillary claims in this case are all unjustifiable.

B) However, there is no specific evidence to deem that Plaintiff A delegated all the powers regarding Plaintiff A’s deposit in the name of the J, etc. Rather, the witness I of this court testified to the effect that Plaintiff A and his/her family members did not leave the authorized certificate, etc. to J, etc. for Internet banking, and that it was processed by receiving a request for withdrawal directly from Plaintiff A, and that other Plaintiffs did not comprehensively delegate the authority to deposit and withdraw from each of the savings accounts of this case (see, e.g., witness I’s record page 2, 11, 12, and 12). Therefore, the Defendant’s argument is without merit. 2) The Defendant’s assertion that the amount of the following amount was repaid to the Plaintiffs by J, etc., and the Defendant’s claim amount should be deducted from the amount of the Plaintiffs’ claim.

1. 22. 5,00,000 AF Bank AGFH associations V 2

1. 22. 23,00,000 AF Bank AGFH Association V3

1. AI 4 on 50,337,672 AF Bank AGH H Association 4

1. T-5 on 49,758,780 Y Bank AJDH Association T-5

1. 4,982,639 Post Office AK Hac Association AL AL 6

1. 2. 2. 2,000,000 Post Office A HK Postal Association Q7

4. 8. 3,083,216 Postal AK AH association P totaling 138,162,307 2. The trading date shall be the sequence of the amount withdrawn from the account held in the name of the Plaintiff A and the Plaintiff church.

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