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(영문) 대전고등법원 2016.05.26 2015나11920
예금반환 청구
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The total cost of the lawsuit shall be the supplementary participation.

Reasons

. The facts subsequent to the facts do not conflict between the parties, or recognize the overall purport of Gap evidence Nos. 3, 13-17, Gap evidence No. 18, 19-1, 2, Eul evidence No. 5-1, 5-7, and all the arguments.

Plaintiff

G and the co-Plaintiff A of the first instance trial are the deceased AD (Death on September 17, 2009, hereinafter referred to as "the deceased"), and Plaintiff B is the spouse of Plaintiff A.

Plaintiff

C, D, E, and F are children of Plaintiff B and A.

Plaintiff

H, I, and J are children of Plaintiff G.

The Defendant’s assistant intervenor is the surviving spouse of the deceased.

The family relations of the plaintiffs, the deceased, and the defendant assistant intervenors are organized as follows.

[Attachment 1] * Swelgle: Parties/ intervenors* “A” marital relationship* “the former spouse’s supplementary intervenor B A’s spouse CD E FH IJ before the parent-child relationship

B. The Deceased opened each regular deposit account in the name of the Plaintiffs (hereinafter “each account of this case”) with the Defendant as indicated below [Attachment 2] and deposited money in each account.

[Attachment 2] The annual interest rate of 20,000,000 AF 20,000 on December 31, 2008 7% AG 20,000,000 per annum on December 31, 2008 7% AH 20,000,000 per annum on May 2, 2008 7% per annum 0,000,000 G AI 20,000,000,000,000 per annum on May 2, 2008 7% per annum 0,000,000 AJ 20,000,000,000,000 per annum on May 2, 200,000 per annum 70,000,00 per annum on May 2, 200, 30,00 AG 5,0000 per annum on September 2, 2008.

C. On June 12, 2009, the Defendant’s assistant intervenor withdrawn the full amount of deposits deposited in each of the instant accounts from the Defendant.

2. Determination

A. Whether the Plaintiffs are the deposit holders 1) Act on Real Name Financial Transactions and Confidentiality (hereinafter “Real Name Financial Transactions Act”)

In the event that a deposit contract is concluded through a real name verification procedure and the fact of real name verification is clearly stated in the deposit contract statement, the deposit account holder or his/her agent is generally indicated in the deposit contract statement.

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