logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.07.22 2013가단5083353
구상금
Text

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that has concluded an insurance contract for liability for electronic financial transaction compensation with the National Bank Co., Ltd. (hereinafter referred to as the “National Bank”), and Defendant BBP Co., Ltd. (hereinafter referred to as the “Defendant BBP”) concluded an Internet safety settlement service contract with the National Bank, Defendant CBP (hereinafter referred to as the “Defendant CBP”) and Defendant Korea Private Bank (hereinafter referred to as the “Defendant Korea Private Bank Settlement”) respectively, and are involved in the settlement of electronic financial transaction with the National Card.

B. The Plaintiff paid insurance proceeds of KRW 81,511,700,000 to the National Bank on January 22, 2013, when an insured incident, including three Korean nationals, occurred, as the settlement information acquired by hackinging 127 settlement information from the PC and smartphones by spreading the malicious code, etc.

C. The amount of damages and involved companies by each victim of the instant insurance accidents are as follows:

The fact that there is no dispute over KRW 80,640,90 in total amount of KRW 400,000 in the amount of damages suffered by Defendant B’s E-Commerce Service Agency for E-Commerces 177 cases 44,493,00 won in Defendant B’s case 199 cases 33,747,90 won in Defendant B’s case and 33,747,900 won in total, 400 won in total, and 400 won in e-commerce U.S. 2,40,000 won in e-commerces 80,640,90 won in e-commerce

2. Determination

A. The Plaintiff’s assertion Defendants, as electronic financial business entities, bear liability for damages under Article 9(1) of the former Electronic Financial Transactions Act (amended by Act No. 11814, May 22, 2013) with respect to the instant insurance accident that occurred due to the forgery or alteration of the means of access. It is against the Defendants’ damage liability.

arrow