beta
Text
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be revoked.
Reasons
1. Basic facts
A. On June 11, 2013, the Plaintiff called “it is possible to grant a loan of KRW 20 million to the money that he/she borrowed from R&I Capital before the former,” and withdrawn KRW 5,000,000,000 from the post office account in the name of B (Account Number C; hereinafter “instant account”) notified from the foregoing person in his/her name, on June 17, 2013, to the 3,000, and the 2,000,000,000, in the Nong account in the name of B, and the 960,000,000, in total to the Nong account in the name of D.
B. B was investigated by the investigative agency on the suspicion that he conspireds with the person in false name and acquired the money as above from the Plaintiff, but B made a statement to the effect that the investigative agency lost the past identification card and there was no fact that each of the above accounts was opened by himself. In fact, as a result of checking CCTV images of the Ycheon-dong post office and the YY branch office, the above accounts were opened, and the prosecutor was issued a non-prosecution disposition on the ground that there was no suspicion by insufficient evidence in the prosecutor’s office.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3 evidence, Eul evidence 1 to 3, the purport of the whole pleadings and arguments
2. The plaintiff's assertion
A. The staff-in-charge of a permanent branch office, a financial institution affiliated with the defendant, has a duty of care to confirm whether the applicant for opening an account constitutes the depositor himself/herself or whether he/she has received the power of representation from the principal in the course of opening a deposit account.
B. However, even though a young person was committed to B by using his identification card, and intended to open this case’s account under his name, the above staff-in-charge did not go through due process for identification in violation of the above duty of care.