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(영문) 서울중앙지방법원 2015.04.17 2014가합41020
예금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

Basic Facts

The Defendants’ Intervenor operating the “E” (hereinafter referred to as the “Supplementary Intervenor”) concluded a deposit transaction contract with the Defendant National Bank of Korea (hereinafter referred to as the “National Bank”) and opened an ordinary account (Account Number: F; hereinafter referred to as the “instant account”) and used it as the operating expense deposit account of the said legal office.

In addition, the Intervenor entered into a contract for the “Online Transfer Service” with the Defendant National Bank, stating the name, account number, and account transfer amount of the account transfer counter-party in the “written request for the transfer of money” and submitted by the Intervenor to the Defendant National Bank, the Intervenor entered into a contract for the “Online Transfer Service” that transfers money from the instant account without submitting a separate check for the transfer of money.

Plaintiff

A retired on June 11, 2014 while serving as a secretary at “E”, and Plaintiff B retired from office on June 11, 2014 while serving as a staff in charge of accounting affairs at the said law office, and Plaintiff C retired from office around May 31, 2014 while serving as a staff in charge of technical affairs at the said law office.

Plaintiff

B, on June 12, 2014, visited the branch of the distribution south of the Defendant National Bank, and submitted the “written request for transfer by proxy” (hereinafter referred to as “written request for transfer by proxy”) to the Defendant Han Bank (hereinafter referred to as “I Bank”) account (Account Number: G) account in the name of the Plaintiff, 226,934,758 won, 32,835,472 won to the Defendant National Bank account (Account Number: H) in the name of the Plaintiff B, and 31,246,964 won to the Defendant National Bank account in the name of the Plaintiff C. The written request for transfer by proxy was signed and sealed by the Intervenor.

Defendant National Bank transferred money from the instant account to the relevant account in the name of the Plaintiffs according to the instant written request submitted by Plaintiff B on June 12, 2014 (hereinafter “instant account transfer”), and on the same day.

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