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(영문) 서울고등법원 2016.12.07 2016나2012593
부당이득반환 청구의 소
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a company for the purpose of banking business under the Banking Act, and D was an employee of the plaintiff E branch around 2005.

B. Since May 2005, C, who was the Defendant, started transactions, such as joining the Plaintiff’s financial instruments through D from May 2005, and the Defendant, from January 2007 to the introduction of C, made D take charge of the business of purchasing and repurchaseing the Defendant’s assets to C’s financial instruments.

Article 12(1)(2)(3)(2)(3)(1)(2)(3)(2)(3)(2)

B. (i) On June 12, 2007, B and C visited the Plaintiff’s E branch office in the Plaintiff’s name and applied for the opening of a deposit account when submitting an application for deposit transaction under B. At the time, C prepared the name, address, and resident registration number column of the deposit transaction application and entered C’s mobile phone number in the mobile phone number column, and the said application for deposit transaction is signed by the Plaintiff’s person in charge and the person in charge.

The Plaintiff’s employee, upon the said request, opened a savings account in B’s name (Account Number: F; hereinafter “the instant deposit account”) (hereinafter “the instant deposit contract”) and issued a passbook in B’s name with the signature of C in the column for seal or signature of the head of the Tong.

Article 28(1) of the Act on the Protection and Family Affairs of the Republic of Korea (hereinafter referred to as "the Act on the Protection and Family Affairs of the Republic of Korea") was deposited on June 12, 2007, and the source of funds of KRW 300,000 was transferred from the

C. D, an employee of the Plaintiff managing the instant deposit account, has been in charge of purchasing and repurchase investment financial products with the Defendant’s consent while keeping the Defendant’s passbook, authorized certificate, security card, etc., and after June 12, 2007, the Defendant purchased or redeemed investment financial products under the name of B.

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