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(영문) 서울중앙지방법원 2015.05.08 2013가합82000
손해배상 등
Text

1. Defendant B’s KRW 3,353,587,645 as well as 5% per annum from July 31, 2008 to April 2, 2014 as to the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is a corporation established for the purpose of banking operations as prescribed by the Banking Act, and the defendant B served as the head of the defendant citizen bank D branch of the defendant citizen bank located in Gangnam-gu Seoul Metropolitan Government from January 2006 and served as the head of the defendant citizen bank E branch of the defendant citizen bank located in Seongbuk-gu, Sungnam-gu.

B. On July 31, 2008, the Plaintiff issued each of the instant certificates of deposit to Defendant B (hereinafter “each of the certificates of deposit in this case”) 5 copies of the certificate of deposit of KRW 3,353,587,645 (hereinafter “each of the certificates of deposit in this case”) at the Defendant’s NIP customer counseling office located in Gangnam-gu Seoul Metropolitan Government, with the face value of KRW 670,717,529, the sum of which falls with Defendant B at the DIP customer counseling office located in Gangnam-gu, Seoul

(2) Around July 31, 2008, Defendant B issued a securities account in the name of the Republic of Korea and deposited the principal of each of the instant certificates of deposit into the said account, and subsequently incurred investment loss corresponding to the substantial portion of the principal amount of the investment.

C. Around March 18, 2010, the Plaintiff issued KRW 315 million to Defendant B at the E branch of the Defendant’s National Bank located in Sung-nam-si, Sung-nam-si, a total of KRW 315 million cashier’s checks of KRW 315 million. (2) Defendant B made an investment of KRW 315 million, but incurred losses from the investment, and began futures and options transactions from January 201 for losses. Around March 10, 201, the Plaintiff recovered an amount equivalent to the investment principal of KRW 368,587,645 won (i.e., the total amount of KRW 3,353,587,645 million (i.e., the instant certificate of deposit).

Defendant B was indicted for committing the crime of deceiving the Plaintiff by deceiving each of the certificates of deposit in this case and 315 million won, and the court of first instance (Seoul Central District Court 2013Gohap35, August 23, 2013) was in each of the certificates of deposit in this case.

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