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(영문) 서울고등법원 2015.02.12 2014나16847

예금지급

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 171,856,562 and KRW 169,654,098 among them.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is a clan formed by SC 23 years of age as a group of SC 23 for the purpose of memorial services, the preservation and management of clans, and friendship among descendants. The Defendant is the Plaintiff’s state trading bank. 2) From around 2002 to December 201, F was employed as the Plaintiff’s president of the clan as a full-time director, and C was an accounting employee from June 27, 2001 to December 2009, and was in charge of the Plaintiff’s financial management, including the Plaintiff’s deposit transaction with the Defendant.

B. The Plaintiff’s president B deposited a deposit account and the Plaintiff’s seal impression, etc. to entrust F, a general director, with all acts related to the management of deposits, such as the opening, management, withdrawal, etc. of a deposit account. 2) Accordingly, the Plaintiff, who is an employee of the above F and F, provided full-time services and transactions with the Defendant. As such, the Plaintiff opened an account under the Plaintiff’s deposit account under the name of F and F, and kept the Plaintiff’s seal impression in the deposit account and the Plaintiff’s seal impression. In relation to the ordinary deposit account used for ordinary use, the Plaintiff: (a) opened a deposit account under the Plaintiff’s deposit account and kept the Plaintiff’s seal impression; and (b) made a bank transaction with F with a seal impression affixed on the deposit account; and (c) made a confirmation of the balance of the deposit account to F.

3) However, as the Plaintiff’s ordinary deposit account’s balance is high, and a certain amount of money (per KRW 10 million or KRW 100 million) was withdrawn and opened a regular deposit account. In this case, C obtained the Plaintiff’s seal impression from F and traded by way of withdrawing the Plaintiff’s ordinary deposit amount at the Defendant’s U branch and opening a regular deposit account. In a case where C needed a seal impression to re-issue the passbook to F, F put the Plaintiff’s seal impression to C without any special doubt. 4) At the Defendant’s U branch, C put the Plaintiff’s seal impression into C.