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| TITLE | Supreme Court en banc Decision 2008Da45828 Decided March 19, 2009【Return of Deposit Funds】 [full Text] |
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| Summary | |
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[1] Method of determining a party to a deposit contract under the real name financial transaction system; exceptional cases in which a third party other than the deposit title-holder may be deemed a party to the deposit contract, and method to recognize such party [2] Where Party “A” entered into a deposit contract in the name of his/her spouse “B” with a financial institution on behalf of B upon undergoing the real name verification procedure as to B, the case reversing the judgment below which held A as a party to the deposit contract by deeming that an implicit arrangement was entered into between A and the financial institution designating fund contributor A, not the deposit title-holder B, as the party to the deposit contract solely based on the mere internal legal relationship between A and B, such as the source of funds, the registration and management of the transaction seal and password, and the process of withdrawing deposit funds |
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