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(영문) 서울중앙지방법원 2017.06.01 2016가합509483
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. 22% per annum on March 26, 201, the expiration date of the credit period on March 26, 201, of the credit limit (limit) transaction loans for comprehensive passbook loans for basic facts, 9 billion won, and 32% per annum on March 26, 201;

A. On March 26, 2010, the Plaintiff concluded a credit transaction agreement with B Bank Co., Ltd. (hereinafter “B Bank”) with the following content:

(hereinafter “instant credit agreement”). (b)

On March 26, 2010, pursuant to the instant credit agreement, a comprehensive loan account (Account C; hereinafter “instant account”) was opened in the Plaintiff’s name, and KRW 8,374,529,295 was withdrawn from the instant account from March 26, 2010 to June 29, 2011.

C. B Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 10, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In order to withdraw a loan from the instant account separate from the conclusion of the instant credit agreement with the intent of the Plaintiff’s assertion, there must be the Plaintiff’s request that satisfies certain requirements.

The Plaintiff, after the opening of the instant account on March 26, 2010, did not request B Bank to withdraw loans from the instant account only once after the opening of the instant account.

Nevertheless, from March 26, 2010 to June 29, 2011, B Bank employees E, F, etc. received instructions from D or D without the Plaintiff’s consent and verification procedure, and arbitrarily set up a deposit money list, etc., and then withdrawn the total amount of KRW 8,374,529,295 from the instant account from March 26, 201 to June 29, 201.

Therefore, pursuant to Article 756 of the Civil Act, the Defendant is liable for compensating the Plaintiff for damages incurred by employees of the Bank B to the Plaintiff regarding the performance of their duties, or for compensating the Plaintiff for damages incurred by D, the representative of the Bank B, pursuant to Article 35(1) of the

(b) Determination 1: (a) Nos. 1, 2, 4, 11, 12;

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