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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The plaintiff's assertion was lent to the defendant's account on February 23, 2009 by transferring 1.5 million won to the defendant's account, and the defendant is obligated to pay the loan to the plaintiff.
Even if it is not so, the defendant illegally transferred or lent the account he opened to C, and since the plaintiff suffered losses after transferring the loan to the defendant's account upon C's request for monetary loan, the defendant is obligated to compensate the plaintiff for the damages equivalent to the above loan.
2. Determination
A. Even if there is no dispute between the parties to the judgment on the loan assertion as to the fact that the money was received, when the defendant contests against the plaintiff, the party bears the burden of proof on the plaintiff who asserts the loan.
(See Supreme Court Decision 2014Da26187 Decided July 10, 2014). As to the instant case, the Plaintiff was a person who requested a complaint to lend money by himself/herself and was aware of the fact that he/she remitted KRW 1.5 million to the Defendant’s account with the knowledge of C’s demand for lending money, and it is insufficient to recognize that he/she lent the said money to the Defendant solely on the said remittance, and there is no other evidence to support the allegation in this part.
B. Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer of the means of access in an electronic financial transaction, such as an electronic card or password, such as a cash card, and provides for punishing the relevant offense. This is to ensure the stability and trust of the electronic financial transaction by preventing the transaction that is not transparent due to the deposit owner’s name and another person’s electronic financial transaction.
However, individual transactions are made for the purpose of using electronic financial transactions or mediating such transactions.