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(영문) 대전지방법원 2015.06.10 2014가합8329
예금채권 명의변경 등
Text

1. The Defendants shall apply to the Plaintiff the claim for return of each deposit listed in the separate sheet No. 1. to the Han Bank.

Reasons

1. The following facts may be acknowledged among the Plaintiff, Defendant C, and Defendant E by taking account of the overall purport of the entries and arguments in the evidence Nos. 1 through 4, and No. 1. There is no dispute between the Plaintiff and Defendant D, and between the Plaintiff and Defendant B, it is deemed that the Defendant B led to confession under Article 150 of the Civil Procedure Act.

A. The Plaintiff is a clan consisting of the adult male and female members aged 19 or older among the descendants of A, and Defendant B was the president, Defendant C’s vice president, Defendant D’s vice president, Defendant D’s general secretary, and Defendant E’s executive officer as financial similar.

B. The main contents of the Plaintiff’s clan rules are as follows.

Article 5 (Executives) This clan shall have the following officers:

(a) One chairperson;

(b) One vice-chairperson;

(c) One financial similar person;

(d) One general secretary;

e. Two auditors are to be elected by the Assembly by the chairman, vice-chairman, financial standing, senior secretary, and auditor of this clan.

Article 8 (Duties of Officers) The officers of this clans shall perform the following duties:

(c) The financial similar thereto shall be managed by the finance of the main class; and

Article 10 (General Meeting) The meetings of this clan shall consist of the ordinary and general meetings.

The ordinary general meeting among these classes shall be convened on October 7 of each year, and shall resolve on the following matters:

2. Appointment and dismissal of officers;

3. Budget, settlement of accounts, and other matters concerning finance.

C. The Plaintiff deposited KRW 202,00,000 in the name of the Plaintiff in Han Bank under the Plaintiff’s name in order to preserve the clan property. In order to withdraw the above deposit upon the consent of the Defendants, the Plaintiff affixed the Defendants’ seal impression on the deposit passbook with joint seal impression.

(Attached 1. Each deposit account entered in the list).

Meanwhile, the Plaintiff deposited KRW 31,410,880 among its property in the name of Defendant E, a financial similar thereto, in the name of Defendant E, and as of the closing date of the instant pleadings, the remaining amount of the said deposit is KRW 30,321,120.

(Attached 2. Deposit Account in the List). (e)

Defendant E, as a financial similar, is the Plaintiff’s property.

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