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(영문) 서울고등법원 2016.10.21 2014나41669

손해배상(기)

Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. Appeal costs and claims in the trial.

Reasons

1. The plaintiff's assertion is based on the grounds of the claim, and the following arguments are asserted.

From October 1, 2002, Defendant B worked at the C branch of Defendant National Bank Co., Ltd. (hereinafter “Defendant National Bank”), and managed the account of Plaintiff and Plaintiff E.

B. From February 15, 2006 to May 10, 2012, Defendant B embezzled KRW 359,114,095 in total by withdrawing cash from the Plaintiff and E’s account or transferring it to Defendant B or T’s account without the Plaintiff’s approval on the following table 46 occasions.

C. Therefore, pursuant to Article 750 of the Civil Act, Defendant B shall compensate for the damages suffered by the Plaintiff due to the above embezzlement, and Defendant National Bank as the employer of Defendant B shall compensate for the said damages together with Defendant B pursuant to Article 756 of the Civil Act.

The plaintiff claims against the defendants for the payment of 359,009,945 won and damages for delay.

Serial 1206-06-207 00, 200-10, 2007-208 (G) 2001, 208-15 (G) 2001, 208-207, 2007-10, 208-207, 208-16, 207-16, 207-208 (G) 175, 2009-12 (G) 175, 2009-106, 207, 200-10, 207, 200-16, 207, 200-16, 205 (G) 200-2, 2009-16, 2008 (G) 250, 2009-16, 2005-205 (J).