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(영문) 서울북부지방법원 2015.05.01 2014나22275
예금반환 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “B”)

) On September 4, 2009, a limited partnership company (hereinafter referred to as “Gangsansan”) is a party to a partnership company and a party to a contract.

) The Gyeonggi-do government contracted the retaining wall construction of reinforced soil on the ground (hereinafter “instant contract”) on the land outside Pyeongtaek-gun C, and three parcels.

(2) On March 13, 2009, the Plaintiff assumed office as a representative director and an inside director on March 13, 2009. On July 25, 2011, the Plaintiff resigned from a representative director and an inside director.

B. In around 2011, the Plaintiff issued a household check worth KRW 20 million (hereinafter “each of the instant checks”) at the place of payment as follows.

D D 5 million won on January 20, 201, the date of issuance of the check Nos. 1, 201, the par value of which is KRW 5 million on January 20, 201, and KRW 400 million on March 18, 201, KRW 5 million on March 18, 201, KRW 5 million on March 18, 201

C. (1) On January 20, 201, the Plaintiff: (a) requested the Defendant to refuse to pay household checks as set forth in Nos. 1 and 2 of the said Table on the ground of misappropriation; (b) entered into an agreement with the Defendant to dispose of the amount of security deposits for reporting accidents as follows; and (c) deposited KRW 10 million with the Defendant. The issuer of a check with security deposits for reporting accidents as security deposits. The issuer of a check with security deposits for reporting accidents guarantees that the reason for the amount of security deposits for reporting accidents is not to exempt a clearing house from the disposition of transaction suspension by concealing the shortage of security funds for reporting accidents; and (d) if the check holder is proved to be a lawful holder of rights, the issuer of the check deposits the amount equivalent to the amount of the checks in order to guarantee the payment

2) The Bank shall be held as the Bank for Payment (hereinafter referred to as the “B”).

(i) a third party (hereinafter referred to as “a person”) who is identified as a lawful holder of a right;

set forth in the following terms:

Article 1 Section A shall make a reservation to Section B for sick purposes of KRW 10 million, and Section B shall be entrusted for sick purposes.

Article 2 Section B. A. B. upon a soldier's request for payment in the following cases:

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