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(영문) 부산지방법원 2017.02.09 2016가합45864
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the claim against Defendant Jinhae Industry Cooperatives

A. 1) The Plaintiff’s employee B in collusion with C on December 5, 2003, the Defendant Jinhae Agricultural Cooperatives (hereinafter “Defendant Cooperatives”) was established on December 5, 2003

36,513,123 (2,473,311 won, total sum of the termination refunds refunded on the basis of early cancellation by the Agricultural Cooperative Mutual Aid Fund in the name of the Plaintiff and Defendant B, and the total sum of KRW 34,473,311 won in the name of the Plaintiff on December 15, 2003, 36,513,123 won in the Agricultural Cooperative Mutual Aid Fund in the name of the Plaintiff (2,039,812), respectively, were embezzled by withdrawing KRW 34,473,311 won in the name of the Plaintiff and depositing it into the account in the name of the Plaintiff opened without the Plaintiff’s consent. The Plaintiff did not confirm whether Defendant B, etc. was authorized to withdraw money in the Plaintiff’s deposit account, but did not confirm whether it was authorized to withdraw money in the Plaintiff’s deposit account.

② From December 15, 2003 to January 12, 2004, B conspired with C to transfer KRW 20,953,200 to the Plaintiff’s account automatically from the third party’s account. The Defendant Cooperative, in collusion with C, caused damage equivalent to the above amount to the Plaintiff by allowing B, etc. to allow the said illegal act.

③ 32,957,769 won calculated by subtracting the maturity payment of KRW 3,55,354 from the maturity payment of KRW 36,513,123 as described in paragraph (1) from the early termination without authority. The Plaintiff suffered damages of KRW 3,295,776, which is 10% of the early termination termination amount. The Defendant Union, on behalf of the Plaintiff, who did not confirm whether B, etc. is entitled to early termination, shall compensate the Plaintiff for the said damages.

④ In fact, the Defendant Union: (a) accepted each of the tort described in paragraphs (1) through (3) of this Article; (b) did not compensate the Plaintiff as if it were erroneous for the Plaintiff; and (c) accordingly, the Plaintiff suffered emotional distress; and (c) accordingly, the Defendant Union shall compensate the Plaintiff for consolation

⑤ The Defendant Union opened a deposit account in the name of the Plaintiff to B in violation of the Act on Real Name Financial Transactions and Confidentiality.

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