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(영문) 서울고등법원 2016.09.22 2015나2048205
예금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The relationship between the parties 1) Dong Construction Industry Co., Ltd. (hereinafter “Dong Construction”).

(2) On May 11, 2001, the Plaintiff was appointed as a custodian upon the commencement of rehabilitation proceedings on March 25, 2008 upon receiving a decision to commence rehabilitation proceedings from the Seoul Central District Court 2006Kahap16 on January 9, 2007. However, on August 25, 2014, the Korea Exchange Bank Co., Ltd. (hereinafter referred to as the “Korea Exchange Bank”) was merged with Han Bank and changed its trade name into one Bank on September 1, 2015, when the lawsuit in this case was pending.

[Attachment 1, 2] Schedule 1, 2 [Attachment 2] (Attachment 1 Schedule 24 accounts shall be as follows:

That is, the list of accounts subject to seizure and assignment order attached to the instant assignment order as seen in the subsection.

) Except that the deposit account listed in 6, 7, 8, and 9, among the accounts listed in Serial 1 through 24, is entered in Serial 6, 7, 8, and 9, among the deposit accounts listed in attached Table 2, the deposit account listed in attached Table 1, except in Serial 9, 6, 7, and 8, in the deposit account listed in attached Table 2, is responding to the order of 1 to 24, as listed in attached Table 2 (limited to the deposit account in which the foregoing 24 accounts are considered to be below), and the deposit account listed in attached Table 2, is included in 7 accounts following that (limited to the account for operating funds of Dong Construction: Provided, That attached Table 2 Nos. 29, 31 and 31 are identical to the same account).

A deposit contract was entered into with East Asia Construction and the deposit transaction was made.

3) B served as the C Team Director D (from February 1998 to February 2, 2009) and C Team Director (from March 2009 to July 2009) of East A Construction, and E served as the F Branch Director of the Defendant Bank as the F Branch Director of the Defendant Bank’s senior high school line B. B.

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