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(영문) 인천지방법원 2014.05.29 2013가합9686
양수금
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 Plaintiff is the deceased C (the deceased on December 30, 2012)’s wife (the deceased’s deceased’s wife) (the deceased’s wife). The Defendant is the deceased C’s wife, and the deceased E (the deceased on March 27, 2010) was the deceased’s spouse until the death.

B. On January 21, 2010, E and the Defendant visited G Post Offices located in Bupyeong-gu Incheon Metropolitan Government, and deposited KRW 100,000,000 out of the cancellation amount of KRW 104,145,400,000 in the post office room deposit (Account Number I, contract amount of KRW 100,000,000, maturity of KRW 21,201) in the post office room deposit in the name of the Defendant on the same day.

C. On February 21, 2012, the Defendant concluded a deposit contract with the post office room room deposit account (the account numberJ, contract amount of 105,036,380 won, maturity of 21 February 2013; hereinafter “instant deposit”) in the name of the Defendant again at KRW 105,036,380 on the same day.

On February 25, 2013, the Republic of Korea (the Ministry of Knowledge Economy G post office), which is the debtor of the instant deposit claim, deposited the Plaintiff or the Defendant as the principal deposit, on the ground that “The instant deposit is in the name of the Defendant, but in fact, C is the creditor, and the Plaintiff and the Defendant are pending in a lawsuit between the Plaintiff and the Defendant on the ground that the Plaintiff acquired the said claim from C, and thus, the true creditor cannot be known.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 9, 12 through 15, and 20 (including virtual numbers; hereinafter the same shall apply), the result of each order to submit a report to G post offices of this Court, the purport of the whole pleadings

2. Where a deposit contract is concluded after undergoing a real name verification procedure pursuant to the Act on Real Name Financial Transactions and Confidentiality, and the fact is clearly stated in the real name verification deposit contract, etc., it shall be determined.

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