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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is aware of the deceased B (the deceased on August 14, 2014, 04:46, hereinafter “the deceased”), and C and D are the deceased’s spouse and children.
B. (1) On May 2, 2014, when the deceased was hospitalized at a hospital, the Defendant terminated three fixed deposits in the deceased’s name without confirming his/her intent to terminate, withdraw, or transfer the time deposit under the deceased’s name, and then withdrawn KRW 9,618,070, KRW 3087,013, and KRW 912,716 from his/her account without confirming his/her intent to terminate the time deposit. From his/her account, the Defendant issued a bank account transfer of KRW 13,00,000, KRW 4,480,000 from the deceased’s savings account. On August 14, 2014, the Defendant released KRW 13,000,000 from C and D, who possessed the deceased’s personal seal, etc. immediately after the deceased’s death, and then withdrawn KRW 16,216,219,2196,2196,215,2196,216,27.
C. The Plaintiff asserted against the Defendant with the knowledge that C and D had withdrawn deposit by terminating the time deposit of the Deceased at the latest, and the Defendant returned most of the above money to the account held in the deceased’s name on October 1, 2014 through the measures such as cancellation of transaction.
Meanwhile, in relation to the procedure for termination of deposit transactions, Article 2(1)(a) of the Defendant’s bylaws provides that “When a customer makes a request for termination of the transaction, he/she shall confirm the customer’s identity or his/her intention to terminate the transaction and then confirm whether the document is consistent with the seal impression, password, etc. reported after receipt of the deposit slip: Provided, That when the contract is terminated, he/she shall thoroughly obtain the confirmation of the customer’s identity
E. The Defendant-in-charge who performed the duties such as the termination of a term deposit at the request of C and D is “the caution” from the Defendant on the ground of the above Defendant’s violation of the bylaws.