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(영문) 서울중앙지방법원 2015.04.21 2014가단5097656
손해배상(기)
Text

1. The Defendant’s KRW 18,169,029 as well as 5% per annum from April 26, 2014 to April 21, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2008, the Plaintiff entered into a comprehensive passbook loan contract (the account number B; hereinafter “instant account”) with the Defendant by setting the lending limit of KRW 45 million and made financial transactions using Internet banking.

B. In the event that the Plaintiff wants to connect the site address searched on the portal site to the Defendant’s Internet banking website on the computers used by the Plaintiff, the person indissected the malicious code that allows the Defendant to access the Defendant’s website that he/she manages to the most false site.

C. On August 28, 2013, without knowledge of such fact, the Plaintiff visited the above fraudulent Internet banking site that was searched at the portal site on August 28, 2013. The Plaintiff determined that the pop-up shop, stating the phrase “the leakage of personal information, the strengthening of security, and the telephone financial fraud prevention services,” was an ordinary security strengthening procedure, and entered the Plaintiff’s name, resident registration number, user ID, password, identification number, the account number, account password, transfer password, and 35 security card number in the subsequent pop-up shop in the corresponding column.

On August 28, 2013, by using the financial transaction information entered by the Plaintiff, around 21:00, he/she transferred the Plaintiff’s authorized certificate from 21:04 to 01:23 on the following day to six accounts, including C, totaling KRW 60,668,091 (hereinafter “Mabner loan amounting to 45 million and KRW 15,668,091”) from the instant account from around 21:0 to 01:23 on the following day.

(hereinafter “instant financial accidents”) D.

On September 26, 2013, the Plaintiff deposited KRW 45 million into the instant account and repaid the loan, and received a refund of KRW 104,660 out of the amount of the said damage.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 40 evidence, the purport of the whole pleadings

2. Determination

A. (1) The liability to compensate for damages under Article 9(1) of the Electronic Financial Transactions Act.

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