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(영문) 서울중앙지방법원 2016.06.30 2014가합559118

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The assertion and judgment

A. The plaintiffs asserted that they received a false call from their names from their prosecutors and police officers, and entered personal information, financial information, etc. by accessing the website they sent. After that, they entered into a loan contract with the defendant after re-issuance of the plaintiffs' authorized certificates through the above information. The plaintiffs transferred the above loans to another account by concluding a loan contract with the defendant. The plaintiffs suffered damages equivalent to the above loans.

(hereinafter “instant accident.” This constitutes an accident caused by forgery of the means of access, the conclusion of a contract, or the electronic transmission or processing of transaction instructions under Article 9(1) of the Electronic Financial Transactions Act, and thus, the Defendant is liable for damages to the Plaintiffs. Moreover, the Defendant is liable for damages due to the failure to verify the identity of the lending party in the application for the loan of a person who has failed to obtain a name after the re-issuance of an authorized certificate.

B. A) On October 15, 2012, Plaintiff A received a phone call from a person who had misrepresented the investigator of the Incheon District Prosecutors’ Office, resulting in the Plaintiff’s mobile phone from a person who had misrepresented the investigator of the Incheon District Prosecutors’ Office.

In order to cooperate in investigation, the name-freeist stated the identity, financial information, etc. of the plaintiff A, and the account of the plaintiff A was used as a large passbook, and the name-freeist called the address of a specific website and access to the specific website for investigation cooperation.

B) The above Internet site accessed by the Plaintiff A was indicated as a personal information civil petition site and siren 24. The Plaintiff entered the name, resident number, account number, transfer password, security card number, credit card number, and CVC number, etc. at the request of a person who has failed to obtain his/her name. (C) After receiving the re-issuance of the Plaintiff’s authorized certificate, the name defective person was 12,50,000 won in the name of the Plaintiff from the Defendant.