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(영문) 서울남부지방법원 2016.10.13 2015가합111823

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff was a person using the name of “C” before the opening of September 11, 2015. The network D married the Plaintiff’s former husband on August 18, 1997 between the Plaintiff and E, but the agreement on May 24, 2001 was married on August 21, 2001, but again married on October 18, 2002, and became a mother of the Plaintiff. The network D is a Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”).

(2) Defendant Nonghyup Bank is a corporation with the purpose of lending necessary funds to farmers and cooperatives, such as banking business under Article 27 of the Banking Act and rural funds, pursuant to Article 134-4 of the Agricultural Cooperatives Act.

Defendant B is an employee of Defendant Nonghyup Bank who has served in Defendant Nonghyup Bank’s new wholesale market.

B. On March 23, 2010, the network D opened a deposit account in the Plaintiff’s name (hereinafter “instant term deposit”) presented a cashier’s check with the face value of KRW 500 million issued at the main branch of the Plaintiff Bank at the Defendant Nonghyup branch, and opened a new account in the Plaintiff’s name with the contract period of six months, presenting a copy of the Plaintiff’s identification card.

C. On May 3, 2010, D’s deposit withdrawal network D was found at the new branch of the Defendant Nonghyup Bank on May 3, 2010, and submitted a written request to return to the network D on the ground that C, the nominal owner of the instant term deposit deposit, could attempt to withdraw without permission, was likely to do so, and the network D’s accompanying signature on the said written request as a observer.

Defendant B terminated and treated the instant term deposit upon the request of the network D, and paid the deposit amount to the network D.

[Ground of recognition] The fact that there has been no dispute, Gap's 1, 2, 5, 6, 7 (including each number in case of additional numbers; hereinafter the same shall apply) and Eul's 1 through 10, and all pleadings.