(영문) 서울중앙지방법원 2015.07.03 2014나67859

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(영문) 서울중앙지방법원 2015.07.03 2014나67859

손해배상(기)

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1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. On March 2013, the Defendant: (a) received a telephone from Hyundai Capital C; and (b) heard that he/she would receive a credit loan if he/she sent a cash card by opening an account in the name of the Defendant at one bank on March 27, 2013; and (c) using Kwikset Service sent by the said C, he/she opened an account in the name of the Defendant on March 27, 2013; and (d) transferred the cash card to the said C, and then notified the password of the cash card by telephone.

B. On March 28, 2013, the Plaintiff: (a) heard the horses that would not be deposited by an error in the password from a person under whose name the Plaintiff had access to the four-ion ID of the same student; and (b) transferred KRW 2.60,000 from the national bank account (E) in the name of the Plaintiff to the above one bank account in the name of the Defendant.

(hereinafter “this case’s Bosing crime”). / [Grounds for recognition] without dispute, Gap’s statements in subparagraphs 1 through 2, Eul’s statements in subparagraphs 4 through 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion (1) The plaintiff took part in the singishing crime of this case by opening a passbook and providing a password after transferring the passbook. The plaintiff recently reported this crime in the media such as news and newspaper in detail to a certain extent that it could have predicted that this act would be used for the crime, and thus, the defendant is liable to facilitate the singishing crime by transferring the means of access. Thus, the defendant is liable to compensate for all damages suffered by the plaintiff as a joint tortfeasor.

(2) As to this, the Defendant opened a passbook and transferred cash cards and passwords, which would enable the Defendant to obtain credit loans, at all the point of view that the Defendant’s account would be used for the instant Bosing, as alleged by the Plaintiff.

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