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(영문) 서울고등법원 2016.03.24 2015나2028331
예탁금반환
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. On May 14, 2013, Plaintiff A 30,000,000 L L 10,000 3 on May 14, 2013, May 14, 2013, 2013: (a) Plaintiff B 30,000,000,000 on May 14, 2013; (b) Plaintiff B 30,000,000 on May 14, 2013; (c) Plaintiff 10,000,000,000 on May 14, 2014, 2013; and (d) Plaintiff B 30,00,000,6O on June 14, 2014; and (e) Plaintiff Q 30, Jun. 30, 2014 on May 14, 2013;

A. At around March 2005, I entered into a contract with the Defendant for a periodical deposit contract with a total of KRW 230 million in the name of the Plaintiff, etc. (hereinafter collectively referred to as the “instant deposit contract”) using an identification card received from the Plaintiff, Plaintiff A, B, C, D, E, and F (hereinafter collectively referred to as “Plaintiff, etc.”) for the benefit of tax-related benefits or for convenience such as the protection of depositors, etc., and extended the contract on a one-year basis after which the contract was concluded with the Defendant. The details of the final deposit deposit are as follows.

B. From 2006, I has received a loan from the Defendant as security a deposit in the bank account in the name of the Plaintiff et al.

C. From October 2012, I failed to pay interest on the instant loan from around October 2012. The Defendant terminated the instant deposit contract by exercising the security right as stipulated in the loan agreement, and offset the deposit deposit in the instant deposit contract against I’s principal and interest on the loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 18, 20, Eul evidence Nos. 1 through 4, 6, 7, 8, 10, 16, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Plaintiffs’ assertion 1) The deposit owner of the instant deposit contract is the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Real Name Financial Transactions Act”).

The plaintiff, etc. is the title holder of the deposit contract after the real name verification procedure, and the defendant does not confirm his intention of deposit.

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