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(영문) 서울중앙지방법원 2014.04.02 2013가합20286
예금보험금
Text

1. The defendant Deposit Insurance Corporation shall pay to the plaintiff A and C 46,11,290 won, and to the plaintiff B 40,933,238 won and each of the said money.

Reasons

1. Facts of recognition;

A. From July 2005, Plaintiff B and Plaintiff A and C have traded time deposits with the D Bank prior to bankruptcy (hereinafter “D Bank”) since January 2009.

Finally, on January 20, 201, with respect to KRW 45,000,00, respectively, the D Bank and the Plaintiff A and C entered into a contract for each term deposit with the maturity of KRW 4.7% on January 20, 2012, annual interest rate of KRW 4.7%, and Plaintiff B with the maturity of KRW 50,000 on February 9, 2011 and KRW 4.9% on annual interest rate of KRW 4.9% (hereinafter “each of the instant deposits claim”).

Plaintiff

B The portion of KRW 10,000,000 out of the above KRW 50,000,000 on September 9, 2011 was cancelled, and the deposit balance became KRW 40,00,000.

B. On September 18, 2011, D Bank was suspended in accordance with the Financial Services Commission’s decision, and was declared bankrupt on September 7, 2012 by the Seoul Central District Court (2012Hahap96), and Defendant Deposit Insurance Corporation was appointed as trustee in bankruptcy.

(hereinafter referred to as the “Defendant Trustee in Bankruptcy” in the case of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Defendant Bankrupt Bank.

On January 16, 2012, the defendant Deposit Insurance Corporation publicly announced the payment of the insurance money to depositors following the suspension of business of the D Bank.

On July 16, 2012, the Plaintiffs sent a written notification demanding the payment of insurance proceeds to Defendant Korea Deposit Insurance Corporation by questioning whether each of the instant deposit claims is subject to the payment of insurance proceeds, and the said written notification was received from Defendant Korea Deposit Insurance Corporation on July 17, 2012.

On July 24, 2012, the Defendant Deposit Insurance Corporation notified the Plaintiffs of the obligation to pay insurance money due to the existence of loans exceeding each of the instant deposit claims.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the plaintiffs' claims

(a) A bank which is an insured financial institution under the Depositor Protection Act shall make a decision to the Financial Services Commission;

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