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(영문) 서울서부지방법원 2016.04.05 2014가단42519

손해배상

Text

1. The Plaintiff:

A. Defendant E’s KRW 5,980,00 and for this, KRW 5% per annum from September 19, 2014 to August 5, 2015.

Reasons

1. Basic facts

A. On September 19, 2014, at around 19:10 on September 19, 2014, the Plaintiff accessed the Internet banking site of the National Bank, but reported the information window called “Scaming by the Financial Supervisory Service,” and “electronic financial fraud prevention services,” and entered various information of the Plaintiff upon the request.

B. The person who was unable to obtain his/her name was called the Plaintiff’s mobile phone to conduct the re-issuance of an authorized certificate, and the Plaintiff left his/her mobile phone upon the Plaintiff’s request.

C. While the Plaintiff was in receipt of a mobile phone, the Plaintiff’s authorized certificate was reissued by a person without his name. From the Plaintiff’s national bank account to the Defendant’s account, the Plaintiff transferred KRW 63,680,000 ( KRW 5,980,000 to Defendant B, KRW 11,970,000 to Defendant C, KRW 5,990,000 to Defendant D, KRW 5,980,00 to Defendant E, KRW 5,980,00 to Defendant F, KRW 5,990,00 to Defendant G, KRW 5,990,00 to Defendant G, KRW 5,990,00,00 to Defendant H, KRW 3,810,00 to Defendant H, KRW 5,90,00, and KRW 5,990,00 to Defendant I.

[Reasons for Recognition] Defendant B, C, D, G, and H: The respective descriptions and images of evidence A from Nos. 1 to 8, and the purport of the whole pleadings, Defendant E, F, I: Confession

2. The Plaintiff’s claim Defendants transferred the passbook or e-mail card, which is the means of access to electronic finance, to a person who has not been named, and the person under whose name was named, shall compensate the Plaintiff for the damages incurred by the Plaintiff as a joint tortfeasor, since the Defendants, even though they did not actively participate in the above criminal acts of the person under whose name the Plaintiff was not named, by using it for the crime committed against the Plaintiff’s mination (such as the act of withdrawing deposits without permission after setting up the malicious code leading the Plaintiff to a fake bank site).

3. Defendant E, F, and I’s claims against Defendant E, F, and I do not receive a copy of the complaint and submit a reply.