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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff opened a deposit account at the Korea Standards Bank (hereinafter “Defendant Bank”) and conducted financial transactions.
B. On October 6, 2014, around 13:12, 2014, the Plaintiff got a telephone from a person who misrepresented as an investigator of the Seoul District Prosecutors’ Office.
In order to say that “the Plaintiff’s passbook was abused for a financial fraud crime,” the person who was named as “B” had connected the phone to another criminal who was named as “B.”
The person who misrepresented that the prosecutor is the public prosecutor has explained that it is for the investigation, and has demanded the access to a specific website address.
The plaintiff entered the plaintiff's name, resident number, account number, transfer password, etc. at the request of the deceased person.
In addition, at around 15:30 of the same day, the Plaintiff sent KRW 32,30,000 to the Plaintiff’s Defendant Bank account (hereinafter “instant account”) around 15:30 of the same day by warning that the bearers may withdraw money and demanding the Defendant Bank to transfer money.
C. On October 7, 2014, the authorized certificate under the Plaintiff’s name was issued by Defendant Korea Information Certification Co., Ltd. (hereinafter “Defendant Korea Information Certification”). D.
Since then, on October 7, 2014, from around 11:47 to 12:16, the person who was unaware of name transferred all KRW 36.3 million from the account of this case to the account in the name of Nonparty C, etc. six times.
(hereinafter referred to as the “instant accident”), all of the crimes committed by a person with no name.
The important contents of the terms and conditions of electronic financial transactions of the defendant bank shall be as follows:
Article 20 (Liability for Loss and Exemption) (1) In the event of loss to users due to an accident caused by the forgery or alteration of a means of access, or an accident occurred in the course of the electronic transmission or processing of a contract or transaction instruction, a bank shall compensate for such amount and any lapse of one-year term deposit interest calculated by
, however, as a result of an illegal transfer.