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(영문) 서울중앙지방법원 2016.05.12 2015가합549910

손해배상(기)

Text

1. Each action of the plaintiff H, R, A, and AD shall be dismissed.

2. The plaintiffs except the above plaintiffs against the defendants.

Reasons

1. Basic facts

A. The Plaintiffs have been using Internet banking services, etc. while conducting financial transactions.

B. The Plaintiffs were entitled to a telephone from a person who assumes a false name from a prosecutor, police, or bank staff member.

At the end of the false statement of the plaintiffs' names, the plaintiffs, such as the bank account number, security card number, OTP Pasw, one-time password creation number, etc., that were involved in an offense by theft of the plaintiffs' names, were directly informed or notified by the winners of the names, the plaintiffs entered financial information, such as the account number, account number, and security card number, etc., by accessing the false Internet homepage.

C. The Plaintiffs’ financial information transferred the money deposited in the Plaintiffs’ account using the Plaintiffs’ financial information to the account in the name of a third party, or deposited the money in the Plaintiffs’ account by obtaining a loan by means of card loan, cash service, etc. under the Plaintiffs’ name, and then again transferred the money to a third party’s account.

(hereinafter referred to as “instant accident”) a series of financial transactions conducted by a person without name or name (hereinafter referred to as “instant accident”).

The detailed details of the instant accident shall be as stated in the attached Table 1’s Schedule, and the relevant statutes and the electronic financial transaction terms and conditions of the Defendants are as listed in the attached Table 2.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 48, 55, 93 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 5, Eul evidence Nos. 5, and the purport of the whole pleadings

2. Determination as to the legitimacy of each action by Plaintiffs H, R, AA, AD, and AG

A. Whether each lawsuit of the plaintiffs H, R, A, and D is legitimate or not, the plaintiffs H, R, A, and D shall not exceed the damages suffered by the plaintiffs due to the transfer of money held by the plaintiffs to the new bank in the plaintiffs' name by using the above plaintiffs' financial information, or the receipt of the loan.