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(영문) 창원지방법원 2011.10.13 2011가합2180
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. The Plaintiff’s claim against Defendant B, Jinhae Agricultural Cooperative, and C.

Reasons

1. Determination as to the claim against Defendant B, Jinhae Agricultural Cooperative, and C

A. (1) The plaintiff's assertion (A) in collusion with Eul on December 5, 2003, the defendant Eul disposed of the total sum of the 34,473,311 won and the 36,513,12 won (=34,473,473,311 won, and 2,039,812 won in the name of the plaintiff on December 15, 2003, and the 36,513,123 won (=34,473,311 won, 2,039,812 won) in the name of the plaintiff without the plaintiff's consent by withdrawing the 36,513,123 won (=34,473,311 won), and by depositing it into the account in the name of the plaintiff opened without the plaintiff's consent.

(B) At the time of opening the above account without the Plaintiff’s consent, Defendant Jinhae Agricultural Cooperative opened an account under the Plaintiff’s name and had Defendant B withdraw the Agricultural Cooperative Mutual Aid Fund, etc. to be received by the Plaintiff without going through a minimum verification procedure, such as the Plaintiff’s identification card, certificate of personal seal impression, and letter of delegation.

(C) Accordingly, Defendant B and the Jinhae Agricultural Cooperative jointly and severally liable to compensate the Plaintiff for the damages incurred by the aforementioned act.

(2) On the basis of the judgment of the court of this case, it is not sufficient to recognize that Defendant B voluntarily withdrawn and used the above mutual-aid money and the refund money for termination without any authority, and as long as Defendant B’s above act cannot be deemed unlawful, it is difficult to recognize that Defendant Jinhae Agricultural Cooperative opened and opened the Plaintiff’s account with Defendant B, and thus, it is difficult to recognize that Defendant Jinhae Agricultural Cooperative incurred any loss to the Plaintiff. The Plaintiff’s above assertion against Defendant B and Jinhae Agricultural Cooperative is without merit.

B. (1) The plaintiff's assertion (a) the defendant Eul, in collusion with Eul on January 30, 2004, owned by the plaintiff on January 30, 2004, is the land and the building on the land of Busan Y-gu and its ground.

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