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(영문) 광주고등법원 2016.08.26 2015나1566
보관금반환
Text

1. Of the judgment of the court of first instance, the part against Plaintiff G shall be revoked, and the claim of Plaintiff G corresponding to the revoked part shall be filed.

Reasons

1. Basic facts

A. The plaintiff B is the spouse of the deceased A (hereinafter "the deceased"), and the remaining plaintiffs and the defendant are the children of the deceased.

B. On October 2, 2008, the Deceased opened each regular deposit account (hereinafter “instant G account”) in the name of Plaintiff G at the Seodong Branch of the Agricultural Cooperatives Federation of Nonghyup Cooperatives (Seoul Bank Co., Ltd. established from around 2012, and in charge of credit business, collectively referred to as “CF”) and at the monthly branch of Seosandong (hereinafter “CF”) and on October 30, 2008, the Deceased terminated each of the said accounts on October 6 and October 30, 2008.

C. The Deceased deposited KRW 438,987,313 in total of the principal and interest on the termination of the G account of this case = KRW 115,318,197 plus KRW 343,669,116). Of the principal and interest on the termination of the said G account, the Deceased deposited KRW 438,987,313 in each agricultural cooperative account under the name of the Defendant (hereinafter “instant Defendant account”) as follows. Of the principal and interest on the termination of the said account at the monthly branch account, KRW 20,000,000 among the principal and interest on the termination of the said account at the monthly branch account, the Deceased withdrawn KRW 10,00,000 as a cashier’s checks on October 30, 2008, and delivered them to the Defendant.

The sum of the principal and interest on the account of the Defendant’s bank account No. 323,69,116 won on October 30, 2008 and the principal and interest on the account of the Defendant’s bank branch (Yeongdong Branch Branch Office 60,000,000 won) on the termination of the account of the 115,318,197 won on October 6, 2008, which was part of the principal and interest on the account of L (Seungdong Branch Branch Office 5,318,197 won on October 6, 2008, which was deposited in the Defendant’s account of some of the 115,318,318,197 won on October 30, 2008.

D. After the filing of the instant lawsuit, the Deceased died on January 7, 2015, and the Plaintiffs and the Defendant inherited the deceased’s property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 11, 13, 17, 18 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The deceased, at the time of filing the instant lawsuit, was due to dementia.

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