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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 77,429,086 and to the plaintiff on August 2012.
Reasons
1. Basic facts
A. The Plaintiff was a company established pursuant to the Washington law in 2009, and was engaged in the transaction of importing goods from B, a trade name of “A” in the Republic of Korea Kim Yong-si from 2009, with the trade name of “A.” In doing so, the price for the goods was settled by means of a telegraph transfer method (T/T method) which designates B’s account in the name of “B” established in Busan Bank as the receipt account.
(The due date for the payment of the above goods seems to have been 60 days after the arrival of the goods). (B)
On May 14, 2012, the Plaintiff imported goods of USD 202,236 from B.
C. On August 13, 2012, e-mail accounts of B were connected and e-mail accounts of B were sent to the Plaintiff, as if they were B, with the following content: “CHNEOFOTR AFOTNNNN (Notice of Change in Account Number).”
Because of the limitation of the amount of money which can be transferred, we inform us that our account should be changed temporarily as follows:
We currently use the following intermediate accounts:
Bank name: address of the Bank in Seoul, non-dong branch account: address of the Bank: The address of the Bank: Korea, Seoul, Eunpyeong-gu, and the Account Number of 12-383, B: D
D. On August 14, 2012, the Plaintiff requested a telegraph transfer of USD 101,118, U.S. dollars, part of the price for the goods transaction as seen earlier, by designating the receiving bank, receipt account number, as stated in the above e-mail from the nautical miles Bank located in the United States, upon gathering the fact that the e-mail account in B was hacking.
(A) The Plaintiff requested a telegraph transfer and recorded, as it is, the existing information on B with respect to “the name of the recipient” and “the address,” as it is, while requesting a telegraph transfer).
At the above request of the Plaintiff, the nautical miles Bank is well-known in the U.S. around August 16, 2012.