(영문) 서울남부지방법원 2015.12.28 2015나6444

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.12.28 2015나6444

손해배상 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the overall purport of evidence Nos. 1, 2, and 3 as well as the entire pleadings, it is recognized that: (a) the Plaintiff obtained a false phone from an unqualified person on November 10, 2014; (b) entered the Plaintiff’s password and the Plaintiff’s security card number for Internet banking; and (c) transferred KRW 35,00,000 to an account under the name of C (hereinafter “C”) operated by the Defendant from the said account without authority by using the aforementioned information.

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant alleged that he committed a financial fraud crime against the plaintiff jointly with the daily allowance of the above person without the name of the plaintiff. Thus, the defendant is obligated to compensate the plaintiff for damages of 35,000,000 won. In addition, the defendant acquired 35,00,000 won without any legal ground, and thus is obligated to return it to the plaintiff. 2) The defendant's assertion that he would create the transaction performance for the bank loan from the person with the name of the plaintiff. 2) The defendant merely transferred the passbook and seal of the account in the name of the plaintiff and did not take part in the illegal act against

B. According to the facts established prior to the determination of the claim for damages, the Plaintiff suffered damages of KRW 35,00,000 due to the tort by the singishing criminal organization composed of daily allowances for persons without a name. However, the mere fact that KRW 35,00,000 was remitted from the Plaintiff’s account to C’s account under the name of the Defendant, it is difficult to view that the Defendant was deceiving the Plaintiff jointly with the singishing criminal organization, and there is no other evidence to prove otherwise.

In addition, even if the defendant transferred the means of access, such as passbook and seal, to the Bosing Criminal Organization, if an electronic financial transaction has been conducted through the means of access, the individual transaction has been conducted through such means of access.

유사 판례

-서울중앙지방법원 2015.08.07 2015고단3275

-제주지방법원 2017.07.13 2016나1199

-대구지방법원 2016.12.16 2016고단4410 (1)

-창원지방법원 2019.07.18 2019고단910

-서울남부지방법원 2014.12.11 2014고단4177