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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the cause of the claim was that the Plaintiff subscribed to the Defendant Bank and the Defendant Bank on June 25, 2009 for a fake term deposit (hereinafter “term deposit in June 25, 2009”) and terminated on September 28, 2009 and received KRW 60,300,000 from the Defendant Bank, and on June 25, 2010, “the term deposit in this case” refers to the term deposit in this case.
(2) In light of the following facts and circumstances, the term deposit of this case was terminated on September 27, 2010 regardless of the Plaintiff’s intent, and the Plaintiff was not paid the amount of money for the term deposit of this case by the Defendant bank. Therefore, the Defendant bank is obligated to pay the Plaintiff the amount of money for the term deposit of this case, 60,381,790 won, which is the termination deposit of the term deposit of this case, and the delay damages therefrom, even during the term deposit of this case. In light of the following facts and circumstances, the Plaintiff’s assertion on the term deposit of this case was insufficient. ① Although there was no dispute between the parties to the term deposit of this case, the Plaintiff bank opened the term deposit of this case, and there was no evidence or circumstance that the Plaintiff opened the term deposit account of the Plaintiff on June 25, 2010 with the Plaintiff’s bank account of KRW 30,000,0000,000,0000,000.
On September 29, 2010, the defendant bank paid the amount equivalent to the face value of the above cashier's checks to the corporate bank at the request of the corporate bank.
3. The plaintiff's claim is dismissed.