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(영문) 창원지방법원진주지원 2016.04.01 2015가단34938

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The auditor of the credit union, such as the Plaintiff, must notify and confirm the account balance to the union members at a certain ratio on a half-yearly basis.

The standard operating manual of credit unions with respect to this shall be as follows:

Article 19 (Duties of Auditor) (2) The auditor shall, without notice on a half-yearly basis, extract without delay the traders of the unions within the limit of 1/100 to 3/100 of the number of traders of the unions at the end of the preceding month, and notify and confirm the balance.

(3) The auditor shall report to the National Federation Chairperson immediately, if he/she finds any significant irregularities as a result of the balance inquiry conducted under paragraph (2) or fails to ascertain any difference in the balance.

나. 원고는 2013. 5. 31. 피고가 운영하는 A우체국장 B와 사이에, 우체국 E 그린우편 및 �춤형 계약등기 개인정보처리업무 위탁계약에 관한 협약을 체결하고(이하 등기를 ‘이 사건 계약등기’라고 하고, 위탁계약을 ‘이 사건 위탁계약’이라고 한다), A우체국을 통하여 임의의 원고 조합원들에게 맞춤형 계약등기로 예금계좌 잔액을 통보하고 있었다.

The main contents of the instant consignment contract are as follows.

Article 3 (Purpose and Scope of Entrusted Services) The objectives and scope of services to be entrusted to post offices pursuant to this Convention shall be as follows:

1. Purpose of entrusted duties: Article 9 (Responsibility and Duties of Delivery) (2) A post office shall handle the following day special grade (storage for two days of delivery) and the principal designated and deliver in compliance with the purport of using customized contract registration in the delivery of mail;

Article 12 (Compensation for Damages, etc.) (1) In providing postal service, in any of the following cases, a post office shall compensate for such damages and take necessary measures to request the new cooperation:

2. The trustee of the post office or the post office is entrusted or re-entrusted in accordance with this Convention.