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1. The part against Defendant B among the judgment of the first instance is revoked.
2. Defendant B’s KRW 115,568,416 and the aforementioned money, whichever is nine.
Reasons
1. Basic facts
A. In around 1999, the Plaintiff became aware of the Defendant B, who was in charge of the receipt, management, etc. of deposits at the Hanmi Bank Co., Ltd. (hereinafter the Defendant Bank, a merger with the Defendant Korea C&C., Ltd., around 2004), and conducted all financial transactions between the Defendant Bank through the Defendant Bank, including the conclusion, termination, and renewal of transaction contracts, such as savings deposits, time deposits, transferable deposit certificates, money trust certificates, investment goods, housing subscription deposits, foreign currency ordinary deposits, and receipt and withdrawal of money, public charges, and money exchange. In the process, the Plaintiff issued the Defendant B a passbook, stamp, identification card, etc. necessary for financial transactions.
B. Defendant B entered into a contract for a term deposit of KRW 10,00,000 on December 3, 199 with the Defendant bank in the name of the Plaintiff, but terminated on January 27, 200, and (2) entered into a contract for a term deposit of KRW 190,000,000 on April 4, 200 (Account Number E; hereinafter the same) with the Defendant bank on May 9, 2003.
C. On February 17, 2006, Defendant B entered into a contract with the Defendant bank under the name of the Plaintiff on February 17, 2008 for the term of maturity of the deposit amount of KRW 115,000,000 (Account Number F), and deposited the said deposit in the Defendant bank. On May 25, 2006, Defendant B withdrawn KRW 9,030,356, including the sum of KRW 9,000,000 and interest KRW 30,356, among the principal amount of the three deposit, and disbursed KRW 106,00,000,000 and KRW 538,000,000 and KRW 106,000,000, the remainder of the principal amount of the deposit amount of KRW 106,000 and KRW 538,60,000, and embezzled the said deposit to the Plaintiff without permission.
The plaintiff, including the third deposit contract in this case, entered into with the defendant B in the name of the plaintiff.