손해배상(기)
1. The part of the judgment of the court of first instance against the defendant Korean Bank shall be revoked;
2. The above-mentioned part shall be applicable.
1. Basic facts
A. On August 3, 2013, the due date issued by the FOst Co., Ltd. (hereinafter “FOststm”) (hereinafter “FOstm”) was endorsed on a promissory note with a face value of KRW 40,730,000,000 at a two-dimensional branch of a national bank, Inc. (hereinafter “FOstm”) at the place of payment.
B. On August 2, 2013, the Plaintiff, the holder of the above bill, delegated the collection of the bill to the Defendant’s National Bank of Korea (hereinafter “Defendant Bank”), which is an employee of the Defendant Bank’s branch, to the clearing house, and Defendant B, an employee of the Defendant Bank’s branch, entered the pertinent presentation information, such as the time number, etc., along with the image of the above bill, in order to suggest the payment of the bill to the clearing house, and process that the above amount was deposited into the Plaintiff’s account on the same day after the entry of the time number, etc., not KRW 4,073,00,000, not KRW 4,073,000.
5. 4.1 million won was deposited in one’s own account.
C. However, the Defendant Bank immediately discovered that the purchase price of the list falls short of the face value of the above bill, and deposited the above KRW 4,073,000, which deposited the Plaintiff’s account on August 7, 2013, when processing the default of the above bill due to the shortage of deposit.
Since August 2013, 2013, the mast and masts are in fact in the status of closure.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading
2. The plaintiff's assertion and judgment
A. (i) The Plaintiff’s primary assertion is the right to deposit the bill into his own current account only when the Defendant B, at the point of time, entered false information on presentation of the face value of the bill, in violation of his duty of care, and accordingly, the amount proposed to be paid by the employees of the Defendant Bank Yang Pung-dong Branch at the point of time, the payment point, by erroneously notifying the list of the amount of the bill proposed to be paid, and the list is less than the face value of the bill.