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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On September 13, 2012, the Plaintiff’s bank account (Account Number D, hereinafter “instant account”) around 145,000,000 won in cash, 70,000 won in its face value, 10,000 won in its face value, 50,000 won in its face value, and 1,00,000 won in face value. The said checks were presented and paid at the EF Financial Center and the EF Bank M&C branch. The Plaintiff became aware of this fact on June 2018.
around 2012, the Defendant had been able to perform the Plaintiff’s business, such as a bank loan, etc., related to the contract for the newly constructed building in Seongdong-gu Seoul Metropolitan Government, and thus, was aware of the instant account, passbook, and account password.
Therefore, in collusion with the defendant, the defendant and the person under whose name the defendant had the above 145,00,000 won by withdrawing the above 145,00,000 won with the passbook and seal of the plaintiff's account, and transfer them to the account of the defendant or the person under whose name
Therefore, the Defendant is obligated to pay 145,000,000 won to the Plaintiff as compensation for damages for the above tort. As such, the Defendant is obligated to pay 50,000,000 won among them and 5% per annum under the Civil Act from September 13, 2012 to the date of delivery of a copy of the complaint of this case, which is one of the tort, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. The Defendant did not steals the Plaintiff’s passbook or seal, or did not withdraw KRW 145,00,000 from the Plaintiff’s account of this case without permission.
2. Therefore, comprehensively taking account of the following facts: (a) the Plaintiff’s account at issue; (b) the Plaintiff’s account at issue: (c) KRW 145,00,000 from September 13, 2012 to KRW 70,000 in cash; and (d) KRW 50,000 at face value per own check at KRW 1; and (e) KRW 1,000,000 in cash.