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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the 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account (Account Number C; hereinafter “instant account”) was opened in the Plaintiff’s name, and KRW 8,374,529,295 was withdrawn from the said account from March 26, 2010 to June 29, 2011.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 Defendant 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. In order to withdraw loans from the instant account separate from the conclusion of the instant credit agreement, the Plaintiff’s claim that satisfies certain requirements must be made.
The Plaintiff did not request B Bank to withdraw loans once after the account was opened on March 26, 2010.
Nevertheless, the representative director of the B Bank, E, and F, who received instructions from D or D, arbitrarily forged the entry money check, and voluntarily withdrawn and used the total amount of KRW 8,374,529,295 from the instant account from March 26, 2010 to June 29, 2011.
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
3. Determination on the legitimacy of the instant lawsuit
A. The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) is applicable before the debtor is declared bankrupt.