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1. The plaintiff's appeal and the supplementary selective claims in the trial are dismissed, respectively.
2. After an appeal is filed.
Reasons
Facts of recognition
The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited by the main text of Article 420 of the Civil Procedure Act.
The plaintiff's statement of influence in determining the cause of the claim under Article 9 (1) 3 of the Electronic Financial Transactions Act was transferred the plaintiff's deposit to a third party's account by using the plaintiff's resident registration number, transfer identification number, security card serial number, security card password obtained by unlawful means by intrusioning the plaintiff's computer or mobile phone, etc. which is an electronic device for electronic financial transactions by improper means.
This constitutes an accident caused by the use of the means of access acquired by unlawful means under Article 9(1)3 of the Electronic Financial Transactions Act, and thus, the Defendant is obliged to pay to the Plaintiff the sum total of the transferred amount, which is the amount of damages, to the Plaintiff.
Judgment
In order to recognize the responsibility under Article 9(1)3 of the Electronic Financial Transactions Act, an accident caused by the use of a means of access acquired by fraudulent or other illegal means by intrusion on an electronic device or information and communications network is required. In this case, there is no evidence to acknowledge that there was intrusion on the Plaintiff’s computer, mobile phone, etc.
Even if the person who did not receive a name, as alleged by the Plaintiff, intrudes on the Plaintiff’s computer or mobile phone, it is necessary to accurately know all of the Plaintiff’s six-party transfer password, four-party account password, security card serial number, and security card distress information in order to conduct 13 times through the Plaintiff’s account as seen earlier, and how the person who did not receive a name can obtain all the above information through the Plaintiff’s computer or mobile phone.