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(영문) 대구고등법원 2016.09.21 2016나20337
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The network C (hereinafter “the network”) was the actual owner of E Co., Ltd. (hereinafter “E”) running D, etc. in Daegu Dong-gu.

The heir is the plaintiff who is the husband of F and the former husband, and the defendant B is the representative director of E and the deceased's birth.

B. On February 13, 2012, the Deceased was transferred to G hospital located in Daegu Suwon-gu and hospitalized on March 14, 2013 due to the cause of the death of the deceased on the ground that there was no possibility of rehabilitation while being hospitalized in Seoul-gu Hospital.

C. From August 31, 2011, the Deceased opened an account with Defendant Jinjin Investment Securities Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from around August 31, 201, and was engaged in stock transaction with H, who is the employee of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”). However, at the time of the hospitalization of G Hospital, the account of the Deceased (Account Number: I; hereinafter “instant account”) opened with the shares equivalent to KRW 942,72,985 in total.

However, on February 16, 2012, the seal imprint (Signature) of the Account changed from the signature of the Deceased to the deceased’s seal imprint, and from February 17, 2012 to February 27, 2012, the total amount of KRW 942,772,985 was transferred from the instant account upon Defendant B’s request for withdrawal. The specific contents are as follows (hereinafter “instant title”) and the following items are as follows:

On February 17, 2012, the temporary amount of 11,079,70 5,70 5,000 transferred to the Agricultural Bank of Korea No. 350,896,383 2,2012, 300,563,4243 on February 17, 2012, 2012, 11,50,079,770 5, 2012, transferred to the Agricultural Bank of Korea No. 3000,50,000 No. 6252,940, 278, 297, 278, 207, 207, 27, 207, 27, 297, 27, 27, 296, 27, 27, 296, 27, 27, 297, etc.

D. On March 14, 2011, the Deceased and the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) established with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) for residential purposes, and “the apartment of this case” of No. 103 Dong-gu, Daegu-gu, 1204 and below.

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