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(영문) 수원지방법원안산지원 2019.07.12 2018가단16416
예금반환
Text

1. The Plaintiff:

A. Defendant B’s account number of KRW 11,059,000 against Defendant C Cooperatives:

Reasons

1. If there is no dispute between the parties to the determination on the cause of the claim or if the purport of the entire argument is added to the statement in Gap evidence Nos. 1 through 3, the non-party F’s clan (hereinafter “non-party F’s clan”) is acknowledged to have opened an account (E) at the defendant C’s association (hereinafter “the defendant’s association”) under the joint name of the plaintiff and defendant B in order to deposit the funds of the clan, and deposited KRW 22,118,000 (hereinafter “the deposit in this case”).

In light of the above facts, the source of deposit, the relationship between the joint owners, etc., the deposit of this case appears to have been opened under the joint name of the plaintiff and the defendant B, by trusting the deposit holder in the name of the member for the purpose of preventing the deposit of the funds of the non-party clan in the name of the member of the clan and withdrawing

Where a joint account holder opens a joint account for the purpose of preventing and monitoring the withdrawal of his/her deposit by himself/herself before the specific purpose is achieved by having the joint account deposited in a joint account for a specific purpose, one deposit claim is divided in quantity to each joint account holder, and each joint account holder belongs to the joint account holder, and each joint account holder belongs to the right to manage and dispose of his/her own share to each joint account holder. However, all joint account holders shall jointly withdraw from the joint account by a special agreement on the joint return.

(2) Defendant B is obligated to make a claim for return of KRW 11,059,000, which is the Plaintiff’s share in the instant deposit, to the Defendant Union. Therefore, Defendant B is obligated to make a claim for return of KRW 11,059,000, which is the Plaintiff’s share in the instant deposit, against the Defendant Union. The Defendant Union is obligated to pay the Plaintiff KRW 11,059,000.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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