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(영문) 서울고등법원 2017.06.01 2016나2034906

손해배상 청구의 소

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1. The judgment of the first instance, including the claims expanded or reduced in this Court, shall be modified as follows:

Reasons

Basic Facts

The network N (hereinafter “the deceased”) had Defendant M, Plaintiff A (spouse B), C (spouse Plaintiff D), and P, and had Plaintiff F (spouse G), H, H, I (spouse), K, and L under the chain, after the death of the networkO. After the death of the network, Plaintiff F (spouse G), H, K, and L.

From around 192, the Deceased had repeatedly opened and terminated various accounts in the name of Defendant Gwangju Bank Co., Ltd. (hereinafter “Defendant Bank”), the Deceased, the deceased, Q and the Plaintiffs, and had a bank transaction. The employees of the Defendant Bank Horse branch have been managing the Deceased as VIP customers of the Defendant Bank and managed the assets.

In managing the passbook in the name of the deceased, the deceased directly visited the bank from September 2007 by directly visiting the bank. After that, the deceased received payment by means of automatic transfer from his bank account (hereinafter “requesting account”). On September 2008, the deceased used each account in his own name and the plaintiffs’ name as one passbook, except a part of the account.

Around 207, the Deceased and the Defendant Bank entered into a deposit contract in the name of the Deceased, Net Q and the Plaintiffs (hereinafter “each of the instant deposits”) with the Defendant Bank as indicated in the table 1 and table 2 below, and opened a deposit account in their respective names (hereinafter “each of the instant deposits”), and deposited each of the relevant money in the “amount” in the table.

Plaintiff F 1 on April 6, 2008, on the date of termination of the account number opened (won) in the name of deposit No. 1, 2007, Plaintiff IV on April 7, 2008, Plaintiff 20,000 on April 7, 2008, and Plaintiff LW 3 on April 20, 2000 " 20,000,0000,000 " 5,000,000 CY 5, 10,000,000 " 20,000,000,0007 Plaintiff BA " 20,000,000,000, Plaintiff CBA on April 13, 2007, Plaintiff CB0 on April 10, 10, A00, 104, or 00 D on April 10, 2005,