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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 9,521 and its amount on February 4, 2015.
Reasons
1. Basic facts
A. From January 1, 2014 to February 1, 2015, the Plaintiff entered into a contract for electronic financial transaction liability insurance (hereinafter “instant insurance contract”) with Korea Bank Co., Ltd. (hereinafter “Korea Bank”), whereby the insurance period is from January 1, 2014 to February 1, 2015, the policyholder and the insured bank, the amount of compensation KRW 2 billion, and the insured’s legal liability of the financial institution or electronic financial business operator following the enforcement of the Electronic Financial Transactions Act.
B. (1) On October 15, 2014, around 01:00 and around 01:04, pursuant to the Act on the Protection of Account Deb of Influences in the name of the Defendant (hereinafter “instant accounts”) pursuant to the following provisions:
A) An accident of the transfer of deposit occurred. An accident of the transfer of the deposit from the Nos. 4,621 out of the above transfer of the account No. 1 of the said Table (the amount excluding KRW 100,00,000 as of September 27, 2014, prior to the said transfer of the nominal winner of the name 4,721 out of the final balance 4,721 won (the amount excluding KRW 100,000,000,000 in the above transfer of the account No. 1 of the financial institution) was occurred. The remainder of the transfer of the above two accounts less KRW 4,90,000,000 in cash, excluding each of the above transfer of KRW 4,90,00,000, out of the above transfer of the account No. 2.
C. The Plaintiff filed a claim for damages of KRW 8,590,000,000,000, total amount of money transferred as above, to our bank. On February 3, 2015, the Plaintiff paid KRW 8,590,000 to B as compensation for damages arising out of the foregoing accident according to the instant insurance contract, the insured, and thereafter recovered KRW 859,000 from our bank.
As a result of a criminal case against the defendant, on October 6, 2014, the defendant transferred the passbook and e-mail card of the account of this case to the person who borrowed the account of this case at the defendant's residence.