logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.25 2014가단46316
부당이득반환 등
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 2, 2014, the Plaintiff received a call from a person in a false name who assumes the position of the NongHyup Bank to obtain credit loans from the person in a false name, and thereafter, notified the person in a false name of the Plaintiff of the financial transaction information, such as the company bank account number, password, and bank account transfer password.

B. Accordingly, from the Plaintiff’s corporate bank account to Defendant B’s educational guarantee account, KRW 6,310,000 was transferred from the Plaintiff’s corporate bank account to KRW 6,40,000; KRW 3,280,000 with the treatment securities account in the future; KRW 6,600,000 with the treatment securities account in the name of Defendant C; and KRW 6,150,000 with the trust securities account in the name of Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the court's right of school guarantee, treatment securities corporation, future deposit securities corporation, and the result of the submission of financial transaction information to new securities corporation, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the defendants could have sufficiently predicted that each of the passbook in the name of the defendants would be used for criminal acts such as Bophishing in this case at the time when the defendants transferred the passbook in the name of the defendants to a person who has failed to indicate his/her name, but since each of the passbook in the name of the defendants was transferred to a person who has failed to indicate his/her name, the defendants

Therefore, the Defendants are obligated to pay the Plaintiff the money stated in the claim as damages.

B. In the event an electronic financial transaction has been made through the means of access, in order to impose liability for damages caused by negligence on the transferor of the means of access on the ground that the legal effect by such electronic financial transaction exceeds the burden on the holder of the means of access, and constitutes a tort, this shall be based on the specific circumstances at the time of transfer of the means of access.

arrow