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(영문) 청주지방법원 2018.01.25 2016가단13505
예금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. If Defendant B wishes to receive the purchase price for the Plaintiff’s three parcels, the Plaintiff issued a passbook at the Macheon-dong Branch Co., Ltd. and issued it to Defendant B, on the ground that the passbook is necessary.

B. Although Defendant B immediately returned the passbook to the Plaintiff, the doping did not return it.

Therefore, on May 18, 2016, the Plaintiff was issued with the detailed statement of deposit transactions and became aware of the fact that Defendant B’s 26,880,000 won of the down payment paid by the purchaser of the said land was forged and withdrawn under the name of the Plaintiff by affixing the seal of the Plaintiff’s name without the Plaintiff’s consent on March 12, 2015.

C. Therefore, Defendant B is liable to compensate for damages equivalent to the amount of the above withdrawal suffered by the Plaintiff as a tort.

In addition, Defendant Nonghyup Bank Co., Ltd, as the employer of the above-mentioned employee, is liable to compensate the above damages suffered by the Plaintiff by the above-mentioned employee as the employer of the above-mentioned employee.

2. As to whether Defendant B withdrawn a deposit by forging the withdrawal money list under the Plaintiff’s name on March 12, 2015, the mere descriptions of the Health Team and the Evidence Nos. 1 and 2 (including the serial number) are insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, each entry in Eul's evidence Nos. 1 through 6 (including paper numbers) and the whole purport of the pleadings are as follows: ① In the Supreme Prosecutors' Office of Scientific Investigation and Document Appraisal Office, the seal affixed to the Plaintiff's name on March 12, 2015, and the seal affixed to the Plaintiff's name on May 7, 2015, which was affixed to Eul's paper No. 2 (No. 2-1, 2005) and the Plaintiff's paper No. 3) on May 7, 2015.

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