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(영문) 수원지방법원 2015.11.13 2015나15464
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On June 5, 2013, the Plaintiff: (a) transferred KRW 23,150,207,207 upon the termination of the fixed deposit (Account Number: D and E) at the NAF branch in the name of the Plaintiff’s name, from the Defendant Han Bank (hereinafter “New Bank”) account (hereinafter “New Bank account”) account (hereinafter “the instant account”) to C account; and (b) subsequently, transferred KRW 1,900,204, and KRW 1,800,204 to the instant account, from the Defendant Nonghyup Bank Co., Ltd. (hereinafter “Seoul Bank”) in the name of the Plaintiff.

B. On June 5, 2013, from around 11:20 to 11:49, the Plaintiff transferred KRW 1,901,004 from the instant account to the F account three times, KRW 1,901,004, KRW 1,901,004, and KRW 1,901,004, and KRW 1,900,204 from the G account to the H account, and KRW 3 times from June 5, 2013, using the automation device installed at the NAN branch and the point of view of viewing the Defendant New Bank, the Plaintiff transferred KRW 1,90,204, KRW 1,90,204 from the said account to the H account, and KRW 1,90,200,204 from the I account to the 1,90,204, respectively.

C. On June 5, 2013, at around 11:48, Defendant New Bank confirmed that, during its self monitoring, the Plaintiff transferred money to a new bank account in the name of I suspected of being used for Bophishing, and immediately took a measure of suspending payment to the said account, but the money transferred to the remaining remaining other bank account was already withdrawn.

On June 5, 2013, at around 12:40 on June 5, 2013, the Plaintiff: (a) visited the Defendant’s new bank at the location of the prime viewing station; (b) requested the termination of the term deposit.

In relation to the fact of account transfer, it was asked whether the security devices that the plaintiff suffered have been installed well.

E. Accordingly, the J and K, who are employees of the branch office of the Suwon Bank of Korea, had confirmed that the Plaintiff was a Bosing, and notified the Plaintiff of the police report and remedy procedures.

F. The plaintiff.

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