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(영문) 서울중앙지방법원 2012.11.22 2012가단18777

채무부존재확인 등

Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 2,663,548, and each of the said money, from December 5, 2011 to November 2012.

Reasons

1. Facts of recognition;

A. On December 201, the Defendants: (a) opened a mobile phone text message that provides loans from an unqualified person; (b) and (c) notified the account number and password to an unqualified person on his/her name at his/her request, and sent the cash card connected to the passbook and the account to an unqualified person on his/her name at the request of the deceased person; and (d) sent the account number and password to the deceased person.

B. On December 5, 2011, at around 10:50, the Plaintiff received a call to report the damage because personal information was leaked from a person who assumes the position of the employee of the Financial Supervisory Service, and entered the Internet website, which was known to the non-member of the name, as the website of the Financial Supervisory Service, with the personal information connected thereto.

After receiving KRW 8,00,000,000 from the card loan to the new bank account (F) in the name of the plaintiff using personal information entered in the name of the plaintiff, the person in poor name deposited KRW 3,550,000 in the card loan and KRW 1,000,000 in the name of the plaintiff, and immediately transferred KRW 3,50,000 to the above agricultural bank account in the name of the defendant Eul to the above agricultural bank account in the name of the defendant Eul. Under the same method, the person in poor name received KRW 1,00,000,000 in the name of the plaintiff and deposited KRW 60,000 in the agricultural bank account in the name of the plaintiff, and immediately transferred it to the above agricultural bank account in the name of the plaintiff under the name of the plaintiff Eul, and deposited KRW 50,500,000 in the name of the plaintiff to the above agricultural bank account in the name of the plaintiff, and immediately deposited the above KRW 1,500,000,00 in the above agricultural bank account.

C. On January 12, 2012, the Defendants were subject to suspension of indictment on charges of violating the Electronic Financial Transactions Act in relation to the transfer of the said cash card.

On the other hand, the plaintiff is a new card company (hereinafter referred to as "new card"), NongHyup Bank Co., Ltd. (hereinafter referred to as " NongHyup Bank"), and a stock company.