A. On May 17, 1989, the Plaintiff opened a share trading account at the Defendant’s Jink Branch and entrusted a share trading. From around 2001, Nonparty B (Death on May 29, 201) who is an employee of the Defendant, managed the Plaintiff’s trading account C (hereinafter “instant First Account”) and D (hereinafter “instant Second Account”) and was in charge of the consignment of share trading.

B. From February 3, 2010 to March 8, 2011, KRW 76,90,000 was remitted from the account of this case to the account of Nonparty E at least 11 times, as shown in the separate sheet (1) as shown in the separate sheet (1), and again, from March 5, 2010 to March 23, 2010 to the said account, KRW 47,56,137 was deposited from the account of Nonparty E at least eight times, as shown in the separate sheet (3) as shown in the separate sheet (1).

C. From December 4, 2006 to February 4, 2010, the sum of KRW 56,971,000 was remitted from the instant Second Account to the F, G, H, and E account, as shown in the attached Table (2). The sum of KRW 47,410,000 was remitted from the national bank account in the name of the Plaintiff to the corporate bank and the agricultural bank account in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion B had committed a tort of arbitrarily transferring the above money to a third party while managing the Plaintiff’s account Nos. 1 and 2 of this case. The Defendant, the employer of B, paid KRW 38,894,863 (i.e., KRW 76,90,00,000 - KRW 56,971,00 - KRW 47,566,137 - KRW 47,410,00) and damages for delay. (ii) The judgment of the Plaintiff’s assertion is based on the following circumstances revealed by considering the overall purport of the arguments at the Plaintiff’s testimony and witness F, E, and H’s testimony, i.e.,, the witness F, without knowing the Plaintiff, deposited money from B to the Plaintiff’s account upon the request of the Plaintiff that “the Plaintiff received a remittance return and received the said money.”