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(영문) 울산지방법원 2021.01.21 2020나11537
예금
Text

All appeals by the defendant are dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance No. 1 and No. 1.

Reasons

1. In the first instance court, the Plaintiffs filed a claim against the Defendant for compensation for damages and return of deposits due to joint tort. The first instance court accepted only the claim for return of deposits in each of the above claims and accepted the claim for return of deposits in the first instance court, and 23,50,000 won against the Plaintiff A, and 26,200,000 won against the Plaintiff and each of the above money, and dismissed the remainder of the claim.

In this regard, only the defendant filed an appeal against the part against the defendant against the defendant, and only the part demanding the return of deposits among the plaintiffs' respective claims against the defendant is subject to the judgment of this court.

2. Facts of recognition;

A. On November 4, 2016, Defendant A’s early mother interest, Defendant A’s early mother of Defendant B, submitted a family relation certificate to the Defendant, opened an account of fixed deposit (Account Number M) in the Plaintiff’s name with a copy of his/her resident registration certificate, deposited KRW 1,00,000. On February 6, 2017, Defendant A opened an account of fixed deposit in the Plaintiff’s name (Account Number Z) and deposited KRW 22,50,000 by the same method.

B. On December 16, 2016, C opened an account of fixed time deposit (Account NumberO) in the Plaintiff’s name with the above method and deposited KRW 26,200,000 in the Plaintiff’s account (hereinafter “instant deposit”).

On April 15, 2017, the Plaintiffs demanded the Defendant to return the instant deposit after his husband or father died.

[Grounds for recognition] Unsatisfy, W. Each entry of evidence Nos. 13 and 14, and the purport of the whole pleadings

3. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant, barring any special circumstance, bears the obligation of the Defendant from January 10, 2018, following the date of transmission of a copy of the application for change of cause of the claim, as the Plaintiffs sought against the Plaintiff, who is the owner of the deposit (i.e., KRW 23,500,000, KRW 22,500,000), and the Plaintiff B’s deposit amounting to KRW 26,20,000, and each of the above money.

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