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(영문) 서울중앙지방법원 2014.10.29 2014가단5007974
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a special corporation established to efficiently administer the deposit insurance system in accordance with Article 3 of the Depositor Protection Act.

B. The Daejeon Savings Bank is an insured financial institution under subparagraph 1 (m) of Article 2 of the Depositor Protection Act as a mutual savings bank under the Mutual Savings Banks Act, and was ordered to suspend its business by the Financial Services Commission on February 17, 201, and was declared bankrupt by the court on February 2, 2012.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2-3 through 7, and the purport of whole pleading

2. The plaintiff's assertion and judgment

A. The plaintiff, on October 14, 2009, listened to the statement that there was a savings product to be well emitted from the head of the Daejeon Savings Bank's established branch, and delivered 50 million won and kept it with the knowledge that the regular deposit passbook was opened to a fixed deposit account. The plaintiff constitutes a "depositor, etc." with a "deposit claim" against an insured financial institution under the Depositor Protection Act, and thus, the defendant is obligated to pay the amount stated in the purport of the claim to the plaintiff as insurance money pursuant to Article 31 of the Depositor Protection Act and Article 18 (6) of the Enforcement Decree of the same Act.

B. In addition to the overall purport of the pleadings, the following facts are recognized in the descriptions of Gap evidence 1-1, Eul evidence 1-2, and Eul evidence 1-3:

1) On December 20, 2005, Daejeon Savings Bank purchased and held bonds worth KRW 50 million out of the 3rd guarantee bonds issued by Daejeon Savings Bank (interest rate of 9% per annum, July 20, 201, and July 6, 201, the date of listing) 50 million out of the 3rd guarantee bonds issued by Daejeon Mutual Savings Bank. On October 2009, the Plaintiff submitted to Daejeon Mutual Savings Bank’s application for credit transaction with the following: (i) the account number C, deposit amount of KRW 50 million; (ii) the due date on December 20, 2005; (iii) the due date on July 20, 201; and (iv) the period on July 20, 201; and (iv) the period on which an application for credit transaction with the interest rate of 9% per annum; and (v) Daejeon Mutual Savings Bank signed and sealed the application; and (v) Daejeon Mutual Savings Bank and Daejeon filed its application for guarantee.

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