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(영문) 서울남부지방법원 2018.06.01 2017나60862
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The total costs of the lawsuit after the appeal shall be borne respectively.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the determination of the Plaintiff's assertion and determination on "liability for damages" from 4.7 to 5.1 of the judgment of the court of first instance, and from 6.1 to 9 of the judgment of the court of first instance as stated in the following 2.1 of the judgment of the court of first instance. Thus, this is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Any part used in relation to the plaintiff's assertion and judgment on "the occurrence of liability for damages"

A. The part of the Plaintiff’s assertion regarding the crime of this case occurred during a short period of time through Internet banking. Nevertheless, in operating the Internet banking service, the Defendant failed to perform its duty of care as a good manager, such as neglecting to make efforts to prevent scams, such as the instant crime. (2) Moreover, the Plaintiff did not stipulate any content regarding termination through the Internet banking on the Defendant’s basic deposit transaction terms, home banking service user terms, electronic financial service terms, and electronic financial transaction basic terms and conditions, etc., which were applied at the time of the Plaintiff’s subscription to the housing purchase account and the Defendant’s subscription to the housing subscription deposit, which are the target deposit, and on the contrary, specified that the principal paid to the Defendant’s new account opened from the business place only exceeds KRW 30 million in the product description of the above target deposit prepared and delivered by the Defendant. Thus, it is possible to terminate only the Defendant’s subscription to the housing purchase account and the housing subscription deposit can not be terminated through the Internet banking even in the case of the Defendant’s new deposit subscription to the housing purchase account.

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