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(영문) 서울서부지방법원 2014.07.24 2013가단35873
손해배상(기)
Text

1. Defendant National Bank Co., Ltd.: (a) KRW 4,073,00 and its amount from September 25, 2013 to July 24, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. Furthermore, on August 3, 2013, the Defendant Company issued one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) with the “Payment Date: Par value of KRW 40,730,00, and the place of payment: The place of payment: The Defendant Bank’s Yang-dong Branch” (hereinafter “instant Promissory Notes”), and the Young-si Company endorseded the said Promissory Notes.

B. On August 2, 2013, the Plaintiff, as a holder of the Promissory Notes, entrusted collection to the branch of the Defendant Bank Chang-dong branch. Defendant B, an employee of the Defendant Bank Chang-dong branch, requested only KRW 4,073,00, not the total amount of the Promissory Notes ( KRW 40,730,000) to pay to the Defendant Bank Yang-dong branch through the clearing house, and deposited KRW 4,073,00 in the Plaintiff’s account on August 2, 2013.

C. On August 5, 2013, the head of the company deposited KRW 4,100,000 in the current account. D.

On August 7, 2013, the Defendant bank dealt with the instant bill of exchange due to the shortage of deposits, and deposited KRW 4,073,000, which was deposited in the Plaintiff’s account, returned again.

E. Since August 2013, the issuer of the instant bill, and the Young-si Co., Ltd., the endorser of the instant bill, was virtually closed.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1, 2, and 4, the purport of the whole pleadings]

2. The allegations by the parties and the determination thereof

A. The gist of the Plaintiff’s assertion (1) Defendant B, who is an employee of the branch of the Defendant Bank NFF, was engaged in the collection of the Promissory Notes of this case, and was 1/10,073,00 of the face value in the bill exchange by material negligence contrary to the main intent of the collection delegated affairs. The branch of the Defendant Bank PFF requested the issuer to deposit only KRW 4,073,00 in the face value, and the issuer deposited only KRW 4,073,00 at the request of the branch of the Defendant Bank PFF.

(2) The issuer is entirely based on the Defendants’ negligence in paying part of the settlement amount of the Promissory Notes.

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