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(영문) 대전고등법원 2015.07.08 2014나11749
예탁금등 반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The status of the parties A and B is the married couple, D and the Plaintiff C are their children, and D are the employees in charge of receipt and disbursement from June 2007 to October 201, 201, while serving as the staff in charge of receipt and disbursement at the Defendant Union’s association, and were in charge of re-verification and credit cooperative management.

B. On January 10, 2013, the date of maturity of the Plaintiffs’ regular deposit accounts and the date of opening the account number of Plaintiff E 50 million account holders of the deposit accounts, Plaintiff A E 50 million won, which was KRW 2F 20 million on January 10, 2012, and KRW 30 million on July 16, 2013, Plaintiff B G 50 million on July 16, 2013, and the Plaintiffs were h 14 million on January 10, 2013 through 30,000 won on January 16, 2013 (the Plaintiffs were h 14 million on January 10, 2013 through 16, 200 won on January 10, 2013, and the Plaintiffs were h 100,000 won on January 10, 2013 through 10, 2013.

2) A deposit was made between the Defendant Union and the Defendant Union (hereinafter “instant loan agreement”) on the basis of the Plaintiffs’ deposit money, as set out in the following table: (a) D entered into a loan agreement within the scope of a fixed deposit (hereinafter “instant loan agreement”).

The loans under the instant loan contract (hereinafter referred to as “loans 1 through 6,” in common, were deposited into the Defendant Cooperative account opened in the name of the Plaintiffs, respectively. D again remitted the loans to the Nong Bank account in its name, the National Bank account, and the Defendant Cooperative account, and then withdrawn them for personal purposes.

The loan account number of Plaintiff A K 45 million won on April 10, 2012, the first deposit amount of KRW 2 L18 million on January 10, 2013, the expiration date of the loan account number of Plaintiff A 1: (a) KRW 3 Plaintiff B M 45 million on July 16, 2013; and (b) KRW 34 N1,2.6 million on February 14, 2013, the deposit amount of KRW 18 million on July 16, 2012, KRW 3 Plaintiff B M 45 million on July 16, 2013; (c) KRW 341,2.6 million on January 14, 2013, KRW 450,000 on February 14, 2013, Plaintiff CO2,000 on January 45, 2013, KRW 301.5 million on July 16, 2013

C. The plaintiffs

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