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(영문) 서울중앙지방법원 2016.11.17 2015가단5016913
손해배상(기)
Text

1. The Defendant’s KRW 20,250,000 as well as the annual rate of KRW 5% from January 7, 2015 to November 17, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a new bank savings deposit owner (C, Gu number D, hereinafter the instant account), and the Defendant is a site owner of the new bank E-Financial Center.

B. From July 200, the Plaintiff delegated a licensed real estate agent G with respect to the lease contract vicarious performance, receipt of deposit money, monthly rent and management expenses, building management, etc., from around July 2000, with respect to the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Multi-Family Housing (hereinafter the instant building), and had G manage the passbook, cash card, etc. of the instant account by entrusting G with the management of the said business.

C. On September 30, 2013, G visited the Defendant at a new bank EF Center at around 4:00 p.m. on September 30, 2013, and requested the Defendant to withdraw money from the instant account in order to return the lease deposit to the lessee of the instant building. Since the password was registered for error, G requested the Defendant to withdraw money by cancelling the password.

At the time, G was holding the passbook and cash card of the instant account, and reported to present the Plaintiff’s power of delegation and certificate of personal seal. G prepared and submitted “application form for report and re-issuance” with regard to the change in the password of the instant account in the Plaintiff’s name, and revoked the registration of error in the password of the instant account, and registered the change in the password that G wants.

E. However, there was no certificate of authority granted to G on the application for cancellation of registration of error in the password or change of password number of the instant account, and the contents of delegation presented by G are merely stated as "1) delegation on the vicarious performance of lease contracts and the receipt of deposit money, 2) delegation on monthly rent and management expenses (30,000 won per month), and delegation on the collection of 3) monthly rent and management expenses (30,000 won per month), and there was no statement on bank affairs or financial affairs related to the instant account, and the certificate of the Plaintiff’s personal seal impression attached at the time.

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