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(영문) 대전지방법원 2020.07.15 2018가합106610
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 25, 2016, the Plaintiff’s mother, and the bereaved family members, including the Plaintiff, jointly inherited the deceased’s property.

B. On March 28, 2007, the Deceased’s branch office (hereinafter “Defendant branch office”) on March 28, 2007

(1) The savings account in the Plaintiff’s name (Account Number: E; hereinafter “instant savings account”).

(2) On September 11, 2008, KRW 4,730,000 was deposited in the instant deposit account. On September 12, 2008, the Deceased visited the Defendant branch to withdraw KRW 4,692,869,432 from the said account.

(hereinafter “Withdrawal of this case”). C.

On September 12, 2008, the deceased opened a regular deposit account (F) in the name of the Plaintiff at the Defendant branch on September 12, 2008, and deposited KRW 4,692,869,432 on October 13, 2008, the deceased withdrawn the total principal and interest amount by cancelling the said account on October 13, 2008. (2) On October 13, 2008, the deceased opened a regular deposit account (Account Number: G; hereinafter “the instant regular deposit account”) in the name of the Plaintiff at the Defendant branch on October 13, 2008, and withdrawn the total principal and interest accrued on November 6, 2008.

3) On November 13, 2008, the Deceased opened a regular deposit account (Account Number: H) in the name of the Plaintiff at the Defendant branch, and deposited KRW 1,236,234,383 in the name of the Plaintiff. On December 1, 2008, the Deceased withdrawn the principal and interest of KRW 102,532,813 on December 1, 2008, and the principal and interest of KRW 12,910,00 on December 26, 2008, respectively. On January 13, 2009, the Deceased withdrawn the total principal and interest of KRW 1,154,489 on a beneficiary certificate account (Account Number: I) in the name of the Plaintiff at the Defendant branch on November 14, 2008, and deposited KRW 1,154,489 on a deposit basis, and paid the principal in full on December 13, 2008.

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