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(영문) 서울중앙지방법원 2018.11.27 2017가단5109536
구상금
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a contract for electronic financial transaction liability insurance with G Co., Ltd.

B. On July 22, 2013, H’s I Bank account (J) around 22, 2013, a total of KRW 49,190,000 was transferred from the account of the Defendants to the Defendants’ account, and the occurrence of an accident that was fully withdrawn.

Name Financial Company’s Account Number (won) 1: 6,010,000 Post Office M 6,010,000 CN Bank P 6,010,000 KN Bank P 3 Defendant D Post C 6,010,000,000 Y 6,010,000,000 Defendant E E Association T 6,000,000,000 U K Association T 6,000,000,000 U 6,000,000,000 for Defendant FK Association V 1,120,000,000 aggregate

C. On November 19, 2013, G agreed to pay KRW 49,190,000 to H, and filed a claim for the payment of insurance proceeds with the Plaintiff.

Accordingly, on November 20, 2013, the Plaintiff paid KRW 49,190,000 to G as insurance proceeds.

[Grounds for recognition] Facts without dispute, Gap 1 through 8, 11-1-4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The summary of the claim is that the Defendants would receive the price from the person under whose name the account was not given, and transferred the passbook and password connected to his account under their name. As a result, the Defendants denied the amount of money deposited in the H account by hackinging the H account under the minmination Act to the account in the name of the Defendants, and made it easy for the Defendants to commit the crime of unclaimed persons under their name by allowing the said money to be withdrawn from the account in the name of the Defendants.

In addition, the Defendants’ account transfer of the Defendants’ account and the damage of H, the Defendants’ account transfer of the victim, as a matter of course, cannot withdraw the money without the Defendants’ account, and thus, the crime plan cannot be completed.

Therefore, the defendants should be liable for damages due to illegal acts in violation of the Electronic Financial Transactions Act.

The Plaintiff paid KRW 49,190,000 to G for the purpose of compensating for the damage of this case caused by the Defendants’ tort, as stipulated in Article 682 of the Commercial Act.

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