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(영문) 의정부지방법원고양지원 2015.01.15 2014가단23259

손해배상(기)

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On February 23, 2013, the Plaintiff entered personal information, such as a security card number, in a pop-up shop, on the notice that “the security card number, etc. is entered to protect users’ information and to strengthen security” at the most false website of the Defendant Bank’s Internet banking site.

B. On February 23, 2013, using the Plaintiff’s personal information identified by the foregoing method, the person whose name was omitted was re-issued the Plaintiff’s authorized certificate on the Internet banking website of Defendant Bank, and later remitted the Plaintiff’s total amount of KRW 22,475,00 from the Plaintiff’s Defendant bank account to a third party’s account.

C. On February 24, 2013, the Plaintiff knew that money was withdrawn from the Plaintiff’s account, requested the Defendant Bank Call Center to suspend payment and reported an accident to the police. The Plaintiff was returned KRW 1,979,402 in accordance with the special law on the refund of telecommunications-based financial fraud losses.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-6 (including a provisional number), the purport of the whole pleadings

2. Relevant statutes;

(a) Article 9 (1) of the former Electronic Financial Transactions Act (amended by Act No. 11814, May 22, 2013): A financial institution or an electronic financial business operator shall be liable for any damage incurred to a user due to an accident that has occurred due to the forgery or alteration of the means of access, or an accident that has occurred in the course of electronically transmitting or processing a transaction request or a transaction request. (2) A financial institution or electronic financial business operator may, notwithstanding the provisions of paragraph (1), have the user bear all or part of the relevant liability in any of the following cases:

No. 1: Where, with respect to occurrence of an accident, a prior agreement is made with the user to the effect that all or part of the loss may be borne by the user, where the intention or gross negligence of the user exists.

B. November 22, 2013 of the former Enforcement Decree of the Electronic Financial Transactions Act.