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(영문) 울산지방법원 2015.11.17 2015가단54652
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 15, 2012, Defendant B’s deposit account (C) (hereinafter “instant deposit account”) was opened in the name of Defendant B (hereinafter “instant deposit account”).

An application for the transaction of the deposit account of this case is as shown in the attached Form.

The name, resident registration number, address, and telephone number of the application for transaction in the deposit account of this case were printed out by a computer other than B himself/herself, and the signature and seal of B were affixed to the customer information change column, and the resident registration certificate of B was stored in the attachment column of the certificate for real name verification.

B. On May 15, 2012, the Plaintiff deposited KRW 50 million in the instant deposit account at around 15:45, and thereafter, the money was immediately withdrawn.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Assertion and determination

A. (i) Around May 2012, Plaintiff D proposes that Plaintiff D may purchase the removal of the Han-gu Lanbane factory to the Plaintiff at 1.7 billion won, and E Association E is a Russian flag with the meaning “the first hand hand hand hand hand hand that does not use arms”.

B introduced the chairman.

D Around May 15, 2012, it explained that the expenses of KRW 100 million are necessary to encourage the Plaintiff to buy the above purchase, and it was deposited in B’s deposit account with KRW 50 million by itself and the Plaintiff, and it was suggested that it would be withdrawn and used whenever operating expenses are needed.

However, D, by deceiving the plaintiff, let the plaintiff deposit 50 million won in the deposit account of this case and then force the plaintiff to withdraw it.

The defendant, a financial institution, must open the deposit account after confirming the intention of the third party in the case where the third party intends to open the deposit account under the name of the third party. The defendant's employee, in collusion with D, opened the deposit account in this case without confirming it.

As such, the defendant is liable to compensate for damages sustained by the plaintiff by an intentional or negligent act.

Shebly Defendant’s staff.

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