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(영문) 서울중앙지방법원 2015.07.15 2014가단209508
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

(b)to compensate for interest calculated by the amount of damage to the user and the rate of interest on a one-year term deposit in the event of an accident occurring in the course of the electronic transmission or processing of the contract or transaction instructions;

However, if the loss incurred from the account as a result of an illegal transfer exceeds the amount calculated by the interest rate of a term deposit with a maturity of one year, the relevant loss shall be compensated.

(2) Notwithstanding the provisions of paragraph (1), in any of the following cases, a bank shall not fully or partially support liability even if any loss to a user occurs:

3. Where a third party has known or could have known that he/she could conduct electronic financial transactions using the means of access of the user without any authority, but the user has divulged, disclosed or neglected the means of access (based on recognition), and the purport of the whole pleadings and arguments by the user;

2. Relevant statutes* The Electronic Financial Transactions Act was amended by Act No. 12837, Oct. 15, 2014; hereinafter “former Electronic Financial Transactions Act”).

Article 2 (Definitions)

1. The term "electronic financial transaction" means any transaction whereby a financial company or an electronic financial business entity provides financial products and services through electronic apparatus and users use them in an automated manner without any direct contact or communication with employees of the financial company or electronic financial business entity;

10. The term "means of access" means any of the following means or information which is used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction:

(b) The digital signature creating key under subparagraph 4 of Article 2 of the Digital Signature Act and the certificate under subparagraph 7 of the same Article (Liability of a financial company or an electronic financial business entity) (1) Any of the following financial companies or electronic financial business entities:

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