logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.02.07 2019나309663
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows. The plaintiff’s explanation of this case is consistent with the judgment of the court of first instance, and it is not sufficient to reverse the judgment that the plaintiff knew of, or was grossly negligent in, the special agreement on the restriction on transfer of the deposit claim of this case at the time of transferring the claim of this case, and to add each statement of evidence No. 3 through No. 5 submitted by the court of first instance as evidence, except for adding each statement of evidence No. 3 through No. 5 submitted by the

If the first instance judgment No. 6-7 of the first instance judgment, "The first instance judgment comprehensively takes account of (a) the assignment of claims of this case, etc." is as follows.

In full view of the purport of the arguments in the evidence Nos. 1 and 3, E, from the Plaintiff, agreed to immediately repay the insurance money paid to F due to the expiration of the performance guarantee insurance period for the insurance money paid to F, and in relation to the above performance guarantee insurance, it is recognized that E was stated in the instant performance guarantee contract as a surety and as a policyholder. In light of this, the Plaintiff seems to have been well aware that the said term deposit was offered as a security for the performance guarantee contract with F. In light of this, the Plaintiff was likely to have been experienced in banking transactions in light of the fact that (i) the Plaintiff lent a lot of money of KRW 5,00,000 to E as a student in 1965; and (ii) the ordinary deposit account account is recognized as being cash per se, unlike other claims, (iii) the method of transferring the deposit account in case the deposit holder intends to pay money equivalent to the amount of deposit to another person, not by selecting the passbook and seal, but by allowing another person to withdraw the deposit or directly withdraw the deposit and pay it.

arrow