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(영문) 서울중앙지방법원 2016.04.19 2015가합514556
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs have used Internet banking services, etc. while opening a deposit account and conducting financial transactions with the Defendants as shown in the attached Table 1’s “Account.”

B. The Plaintiffs were entitled to a telephone from a person who assumes a false name from a prosecutor, police, or bank staff member.

At the end of the false statement of the plaintiffs' names, the plaintiffs, such as the bank account number, security card number, OTP Pasw, one-time password creation number, etc., that were involved in an offense by theft of the plaintiffs' names, were directly informed or notified by the winners of the names, the plaintiffs entered financial information, such as the account number, account number, and security card number, etc., by accessing the false Internet homepage.

C. The Plaintiffs’ financial information transferred the money deposited in the Plaintiffs’ account using the Plaintiffs’ financial information to the account in the name of a third party, or deposited the money in the Plaintiffs’ account by obtaining a loan by means of card loan, cash service, etc. under the Plaintiffs’ name, and then again transferred the money to a third party’s account.

(hereinafter referred to as “instant accident”) a series of financial transactions conducted by a person without name or name (hereinafter referred to as “instant accident”).

The detailed details of the instant accident shall be as stated in the attached Table 1’s Schedule, and the relevant statutes and the electronic financial transaction terms and conditions of the Defendants are as listed in the attached Table 2.

[Based on Recognition] A without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 5, Eul evidence 3, Eul evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 2 (each number is included; hereinafter the same shall apply), the purport of the whole oral argument

2. Summary of the plaintiffs' assertion

A. The Plaintiff’s financial transaction information is used without any authority without any authority by the winners of the instant accident, such as the instant accident claiming liability for damages under Article 9(1) of the Electronic Financial Transactions Act.

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