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(영문) 전주지방법원군산지원 2015.07.16 2014가합11965
예금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 26, 2012, the Plaintiff deposited KRW 87,089,005 with an annual earning rate of 3.230%, one-year term deposit (hereinafter “first deposit”), KRW 161,361,423 on May 16, 2013 with an annual earning rate of 2.80%, and one-year term deposit (hereinafter “second deposit”) with a personal seal of the representative as a transaction seal.

B. On August 9, 2013, the Plaintiff’s employee C, upon filing an application for change of the transaction seal impression, changing the transaction seal impression of the first and second deposits into the Plaintiff’s corporate seal impression, submitted the Plaintiff’s proxy, business registration certificate, corporate register, and corporate seal impression certificate. The Defendant, upon the above application for change, changed the transaction seal impression of the first and second deposits from B’s personal seal to the Plaintiff’s corporate seal impression.

C. On August 12, 2013, C submitted the Plaintiff’s proxy certificate, business registration certificate, certified transcript of corporate register, certificate of corporate seal impression, and C’s resident registration certificate, and filed an application for cancellation of the first deposit. 8,008,293 out of the total amount of principal and interest of the first deposit that was terminated, KRW 8,008,293 out of the total amount of the principal and interest of the first deposit that was terminated shall be transferred to one bank account in the Plaintiff’s name (D), and KRW 80,000,000 received checks.

C On April 3, 2014, upon submitting the Plaintiff’s power of attorney, business registration certificate, corporate seal impression certificate, and C’s resident registration certificate, filed an application for cancellation of the second deposit. On April 3, 201, KRW 100,000 out of KRW 159,445,601 as the principal and interest of the second deposit, the terminated amount of KRW 50,000,000 as the term deposit (E,F) in the Plaintiff’s name. The remaining KRW 59,445,601 was transferred to the Plaintiff’s account (D) in the name of the Plaintiff.

E. On June 5, 2014, C submitted the Plaintiff’s proxy, business registration certificate, certificate of corporate seal impression, and C’s resident registration certificate on April 3, 2014, upon filing an application for early termination of KRW 100 million for a term deposit re-deposited on April 3, 2014, and transferred the principal amount of the terminated term deposit to the foreign exchange bank account (G) in the Plaintiff’s name with cashier’s checks.

[Ground of recognition] Unsatisfy, A 1-3

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