1. The plaintiff's claim is dismissed.

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

1. On April 5, 2007, the Plaintiff opened a deposit account (Account Number: B; hereinafter “instant account”) with the Defendant on a deposit application, and deposited or withdrawn money to the said account.

C deposited KRW 46,00,000 in the instant account on December 10, 2013, and thereafter deposited KRW 6,209,793 on four occasions until December 16, 2013, and the balance of the instant account as of December 16, 2013 is KRW 39,791,003.

On December 2, 2013, the Plaintiff connected the Defendant’s smartphone banking operations to the Defendant’s smartphone banking operations, and consented to the deletion of the existing fishing system based on the pop-up type message to suspend the Defendant’s smartphones, and subsequently, entered the Plaintiff’s name, resident number, cell phone number, this case’s account number, password, and security card number into the input of financial information required in the new pop-up type.

Then, from December 19, 2013 to December 20, 2013, 22:2:27:39 to December 20, 2013, 201:39,726 won was withdrawn on 26 occasions through the Internet banking method (hereinafter “instant withdrawal”) and the remaining amount became 1,277 won.

【Ground of recognition】 A-2, B-1, 4-1, 4-2, 6, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) deposited KRW 40,000,000 into the instant account at the beginning of December 2013. The instant withdrawal constitutes an act of using the means of access acquired by means of false or other unlawful means by intrusioning on the information and communications network. The Defendant is liable to return KRW 40,000,000 or to compensate the Plaintiff who suffered damage under the Electronic Financial Transactions Act for damages amounting to KRW 40,00,000. (2) Even if the Defendant’s assertion falls under Article 9(1)3 of the Electronic Financial Transactions Act, it is gross negligence on the part of the Plaintiff.