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(영문) 서울남부지방법원 2015.01.08 2013가합14942
손해배상(기)
Text

1. The Defendants shall pay to the Plaintiff each money indicated in the “principal” column and “refist damages” column of the attached Table respectively.

Reasons

1. Facts of recognition;

A. The Defendants heard that they would give a loan from a person whose name is unknown, and transferred a passbook, cash card, etc. in the name of the Defendants to a person whose name is unknown.

B. The Plaintiff stored six financial transaction accounts of the Plaintiff (including the accounts opened in company banks, Hyundai Swiss Savings Bank, Seoul Mutual Savings Bank, and Korea Investment Securities) in the form of a data file (such as Internet banking ID, password, and security card information) with the Plaintiff’s computers used by the Plaintiff in the company and X-cell (the first type of the press program) file on the Plaintiff’s Nowon-North Korea.

C. However, on September 4, 2012, after identifying the above information stored by the Plaintiff in a manner that is unknown to a person whose name is unknown, the Plaintiff transferred money from the said six accounts of the Plaintiff to the Defendants’ name account (the account linked to the passbook, etc. that the Defendants transferred to a person whose name is unknown as seen in the foregoing paragraph (a)) without authority.

Defendant B-6,000,000 Defendant C-6,600,000, Defendant C-6,970,000 Defendant L5,990,000 Defendant C-38,000,000 Defendant E-6,000,000 Defendant E-6,000,000, Defendant F-6,000,000 Defendant F-6,000,87,800,000,000 Defendant G-6,000,000, KRW 6,000,000,000 for Defendant L-6,6,000,000,000, Defendant Q-6,000,0000 Defendant Q-6,00,000, Q-6,000, KRW 6,000,0000, Defendant Q-6,0097,009,009,009,009,009

D. The Defendants were subject to suspension of indictment on the ground that they transferred the cash cards, etc. under the Defendants’ names to those whose names are unknown as seen in the above A.

[Based on recognition] Defendant E, K, N, Q, and R: Confession pursuant to Article 150 of the Civil Procedure Act; the remaining Defendants: The entries in Evidence Nos. 1, 2, 3, 4, and 5 (including each number), and the purport of the whole pleadings

2. The remitter’s account to the payee’s account in determining the claim against Defendant N.

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