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| TITLE | Supreme Court Decision 2016Da203735 Decided July 27, 2016【Damages】 [full Text] |
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| Summary | |
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【Main Issue and Holding】 In a case where: (a) an employee of a bank (“Bank A”), after embezzling and encashing certificates of deposit, deposited some of the embezzled money in an account he opened at another bank (“Bank B”) under the name of a limited company and was issued cashier’s checks by Bank B after depositing a certain amount from the account into a temporary account; and subsequently, (b) Bank A reported check fraud, resulting in Bank B having ceased payment of the check money, and the cash amount was thereafter held by Bank B due to no one claiming right to the cashier’s checks or right to reimbursement of benefit after a lapse of 10 years since the period of presentment for payment, the case holding that Bank B was unjustly keeping the check money without any legal ground from a relative and substantive perspective |
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