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(영문) 서울중앙지방법원 2016.01.15 2015가합534086

부당이득반환 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff bank is a company with the purpose of banking business under the Banking Act. The Defendant is the customer of the Plaintiff bank who has traded related to the deposit and investment goods of the Plaintiff bank. B is the spouse of C who is the Defendant’s infant, and is currently in a divorce lawsuit with C.

(A) Evidence No. 1). (b)

Plaintiff

From May 2005, the employees D of the Bank managed the Defendant’s I as the VIP customers of the Plaintiff Bank, and managed the assets. From January 2007, the Defendant and the Fund, the claims, the Bank’s loans, and the term deposit transactions, together with the Defendant’s assets worth KRW 2 billion.

(Witness D's Witness's Witness).

On June 12, 2007, the Defendant, along with C and B, visited the Plaintiff’s Bank E branch office located in the said D branch office, opened a savings account in B’s name (Account NumberF; hereinafter “instant deposit account”). At the time, C, other than B, made a written application for transaction of the instant deposit account.

(Evidence A 2, Witness C’s Witness)

At the time of opening the instant deposit account, KRW 300 million was deposited in the said account, and the source of funds of KRW 300 million was transferred from the Defendant’s deposit account deposited in the Plaintiff bank.

At the time of this case’s deposit account “the seal impression or signature” and “the seal impression” column in the “written application for transaction (Evidence No. 2)” were signed by C, and the contact column in the “written application for transaction (Evidence No. 2)” also stated C’s mobile phone number.

In addition, at the time, the defendant and C requested that the above D deal with the defendant's financial assets, including the deposit account of this case, with the defendant's request and the signature of C, and they did not raise any objection.

(A) Evidence Nos. 3 and 4, No. 1, and testimony of a witness C.

Even after that, the Defendant visited the Plaintiff bank together with B to open a multiple savings account and investment products comprehensive account in the name of B, and the instant savings account is linked to it.

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