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(영문) 창원지방법원 2015.12.23 2014가단86274

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. A personal account number (Defendant bank) bank account number: Internet banking on the date of opening the Internet banking account and the date of subscribing to smartphone banking on April 7, 2006, abbreviation 1 B B, 201; 1.2C on January 16, 2014; 27, 2014; 2D 3D 27, 2014; 3D 27, 2014;

A. The Plaintiff subscribed to Internet banking and smartphone banking services while opening a deposit account and conducting financial transactions in the Defendant bank as listed below.

B. On October 17, 2014, the Plaintiff entered the pop-up shop with the warning book stating that “the mobile phone was exposed to a threat of hacking” into a new Sbank of the smartphone, and that “the spop-up shop inputs the security number of the security card to proceed with the spop-up to strengthen the security”.

C. From October 26, 2014 to March 26, 2014, the name-free beneficiary transferred KRW 29,970,000 in total over 12 occasions, as stated in the table of account transfer from October 18, 2014 to October 20, 2014 in the second account transfer from the first account (hereinafter “instant account transfer”), and 50,000,000 won in the third account as security (hereinafter “the instant loan”). D. Inasmuch as the account transfer from the second account is written in the table of account transfer from October 18, 2014 to October 20, 204, the account holder received loans from the third account (hereinafter “the instant loan”).

The name poorer received the instant loan from the second account, and transferred the account by account transfer of KRW 52,010,000,000 in total over 21 times, as described in the [Attachment 2 Account Transfer Statement] from October 21, 2014 to October 26, 2014.

E. On December 2, 2014, the Plaintiff filed an application for termination of the third account on the same day, and received the remaining periodical installment payments offset by KRW 50,189,081 as the repayment of the instant loan from the Defendant.

Article 2 (Definitions) of the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014; hereinafter “former Electronic Financial Transactions Act”) provides for the definition of terms used in this Act.