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TITLE Supreme Court Decision 2016Da203735 Decided July 27, 2016【Damages】 [full Text]
Summary
【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
Prev Supreme Court Decision 2015Da33656 Decided July 29, 2016【Avoidance of Fraud】
Next Supreme Court Decision 2016Hu717, 724, 731, 748, 755, 762, 779, 786 Decided July 27, 2016【Revocation of Trademark Registration】
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