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(영문) 서울중앙지방법원 2015.09.16 2015가단5004200
손해배상(기)
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. Basic facts

A. The Plaintiff opened a deposit account (the account number B, the account number C, and D) in the Defendants bank (the Defendant’s bank account number B, the Defendant Han Bank account number C) and used the Internet banking service.

B. On October 28, 2013, the name-freeist called the Plaintiff to belong to the prosecutor’s office investigator, and had the Plaintiff enter the Plaintiff’s deposit account number, deposit account password, safety card password, andOTP terminal password, respectively, by accessing the Plaintiff’s website.

C. On the same day, the Plaintiff was re-issued an authorized certificate under the Plaintiff’s name, using the financial transaction information entered by the Plaintiff, and using it, remitted the total amount of KRW 28,763,500 to the Defendant Han Bank’s account over 30 times, and the total amount of KRW 5,845,00 to the deposit account in the name of each third party.

(Financial incidents of this case) . 【No dispute exists, Gap 1, 2, 4-6 evidence, Eul 1, Eul 2, and Eul 3 (including additional numbers), the purport of the whole pleadings and arguments.

2. An authorized certificate for determination on the cause of the claim falls under the “means of access” under Article 9(1) of the former Electronic Financial Transactions Act (amended by Act No. 11814, May 22, 2013; hereinafter “the Act”). The act of a person who was unable to obtain an authorized certificate by unlawful use of the Plaintiff’s information is also included in the “facing of access media.”

The instant financial accident constitutes “accident caused by forgery of access media” as stipulated in the foregoing provision.

Therefore, under Article 9(1) of the Act, the Defendants, a financial institution, are liable to compensate the Plaintiff for damages caused by the instant financial accident, barring special circumstances.

3. Judgment on the grounds for discharge

A. The Defendants’ defenses by the Defendants are exempt from the Defendants’ liability pursuant to Article 9(2)1 of the Act, since the instant financial accidents occurred due to the Plaintiff’s gross negligence.

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