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(영문) 창원지방법원 2014.03.20 2012가합8260
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 13,500,000 won was transferred to the Daegu Bank Account (Account Number: H) on March 6, 2006, among the deposits in the Agricultural Bank Account in the name of the Plaintiff A.

(b) In addition, the deposit transaction agreement between the plaintiff A and the Korean bank (Account Number: I) and the deposit transaction agreement between the plaintiff A and the bank such as the plaintiff C are respectively applicable.

4. 28. Termination, a sum of KRW 338,284,486, including the balance of each deposit account, KRW 105,304,946, and KRW 232,979,540, were deposited in the same bank account in the name of Defendant D.

C. The above B.

On April 25, 2013, L, a guardian of Plaintiff A, filed a complaint against Defendant E with the investigative agency to the effect that “Defendant E, by deceiving the Plaintiffs and cancelling each life insurance contract to which the Plaintiffs subscribed, had the Plaintiffs deposited into each of the above savings accounts in the names of the Plaintiffs, and then withdrawn money from each of the above savings accounts and deposited money into the above deposit account under the name of Defendant D by forging the written request for deposit, and then making a request for punishment.” The prosecutor of the original district prosecutor’s office issued a disposition that the prosecutor of the original district prosecutor’s office did not prosecute the Defendant E on the ground that there was insufficient evidence.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 7, Gap evidence No. 8-1, 2, 3, Eul evidence No. 2 and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Defendant D, E, and F’s assertion 1) The Plaintiffs conspired with Defendant D, E, and F to forge their respective deposits on April 28, 2006, and deposited KRW 338,284,486 in the Defendant D’s deposit account by withdrawing KRW 338,284,486 from each deposit account under the Plaintiffs’ names as above. The Defendants jointly and severally liable to compensate for damages and jointly liable to pay the Plaintiff KRW 105,304,946,979,540, and delay damages for the said money.

B. As to this, the above Defendants are drivers of Defendant A’s husband and wife.

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