손해배상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. After opening a deposit account in the Defendant Bank, the Plaintiff applied for electronic financial transactions on February 29, 2008, and obtained OPPP TV license devices, and used the Internet banking service.
B. On October 14, 2014, the name-free person called himself/herself as an investigator of the Seoul District Public Prosecutor’s Office by phoneing to the Plaintiff on October 14, 201, and under his/her direction in order to prevent financial accidents. The Plaintiff entered his/her financial transaction information, including the Plaintiff’s name, resident registration number, deposit account number and password, and the OPT terminal password, by accessing the false public prosecutor’s office’s site in compliance
C. On the same day, a person in poor name was re-issued an authorized certificate under the Plaintiff’s name using the financial transaction information entered by the Plaintiff, and using it, remitted total of KRW 8,622,00 from the Defendant Bank’s account to a deposit account in the name of a third party.
(hereinafter referred to as “instant financial incident”). [The grounds for recognition] The entry in Gap 2, 5, and 6, Eul 1, 2, and 5, and the purport of the whole pleadings, as a whole, are without dispute.
2. An authorized certificate to determine the cause of the claim falls under the “means of access” under Article 9(1) of the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014; hereinafter “former Electronic Financial Transactions Act”); and the act of a person who has failed to obtain an authorized certificate by unlawfully using the Plaintiff’s information is also included in the “fuse of access media.” Thus, the instant financial accident constitutes “accident caused by forgery of access media” under the said provision.
Therefore, barring special circumstances, Defendant Bank, a financial institution, is liable to compensate the Plaintiff for damages caused by the instant financial accident.
3. Determination on the grounds for exemption from Defendant Bank
A. On the gist of the defense of the defendant bank, the defendant bank account number and the plaintiff of this case.