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1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.
Reasons
1. The Plaintiff, an administrator of inherited property of the network A (hereinafter “the network”) in the scope of this court’s adjudication against Defendant and Co-Defendant D (hereinafter “D”) in the first instance trial, filed a claim for damages equivalent to the amount of the claim arising from the tort by asserting that the Plaintiff, in collaboration with Defendant D, infringed claims against Defendant and Co-Defendant D (hereinafter “D”) by jointly withdrawing KRW 562,133,462 deposit against the new bank of the Deceased Co., Ltd., Ltd., and KRW 175,80,995 against Han Bank (Fund) and the Defendant’s deposit of KRW 114,358,888,80 against Han Bank (hereinafter “Co., Ltd. of the above bank”) by unlawful withdrawal.
The first instance court dismissed all of the above claims. Accordingly, the plaintiff appealed only 5% per annum from May 31, 2014 to the date of this judgment, and 15% per annum from the next day to the date of full payment, and 282,13,462 won among the damages claims equivalent to the amount of the deposit claims against the new bank. Thus, the plaintiff appealed only from May 31, 2014 to the date of this judgment, and 15% per annum from the next day to the date of full payment. The scope of the judgment of this court is limited to the above claims against the defendant (On the other hand, the above part of the claim against D
A. On December 18, 2007, the Deceased died without an heir. At the time, the Deceased had four time deposit agreements (Account Number G, H, I, J, and hereinafter collectively referred to as the “instant time deposit agreement”) concluded with the new bank until the time.
B. On April 20, 2009, D submitted to the employees of the new bank the power of delegation that “the Defendant and D, despite the fact that they are not the children of the deceased, shall submit to the employees of the new bank the power of delegation that they shall be the forged deceased’s family relation certificate, the Defendant’s removed copy, the Defendant’s abstract of the deceased’s resident registration record card, the abstract of the deceased’s resident registration record card, and the basic certificate,” and “the Defendant shall delegate to D the authority to terminate the instant term deposit contract.”