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(영문) 대전고등법원(청주) 2015.11.24 2015나10128
손해배상(기)
Text

1. All of the plaintiffs' appeals and ancillary claims of plaintiffs C, E, and F added in the trial are dismissed.

2...

Reasons

1. Basic facts

A. The Defendant bank is a savings bank established for the purpose of credit installment savings business.

H is a director or representative director of the Defendant Bank from March 2006 to March 2012, and from that date to July 2014, the Defendant Bank was an auditor of the Defendant Bank, and I is a person who worked as an agent for the Defendant Bank.

B. Each marina loan loan was opened in the Defendant Bank in the name of the Plaintiffs. ① The balance as at March 5, 2014 of the Plaintiff’s deposit account (Account Number L) was deposited in the Plaintiff’s name (Account Number L), KRW 20 million on November 11, 2013, and KRW 5 million on April 14, 2014, ② the balance as at April 3, 2014 of the Plaintiff’s deposit account (Account Number J) was -245,952,235, and KRW 35, and ③ the balance as at March 5, 2014 of the Plaintiff’s deposit account (Account Number M) in the Plaintiff’s name (Account Number L) was -139,97,219, and ④ the balance as at February 21, 2014 -41,892,466, and KRW 500,14,219,214,200.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. 1) With respect to the primary claim of the plaintiffs, the plaintiff A affixed seals to H in blank money plates and affixed them to H.

However, H and I, without the above Plaintiff’s permission, withdrawn money from the deposit account in the name of the said Plaintiff using the said monetary check, and the remaining money, excluding the money partially repaid thereafter, is KRW 310 million.

B) H and I arbitrarily set up each seal in the name of Plaintiff E and D, affixed the seal received under any other name from the above Plaintiffs, or forged each signature in the above Plaintiffs’ names, thereby forging each withdrawal monetary ticket in the above Plaintiffs’ name, thereby withdrawing KRW 140 million from the deposit account in Plaintiff E’s name and KRW 93 million from the deposit account in Plaintiff D’s name. C).

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