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TITLE | Supreme Court Decision 2016Da203735 Decided July 27, 2016¡¼Damages¡½ [full Text] |
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Summary | |
¡¼Main Issue and Holding¡½ 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 |