2014 Ghana 42519 Damages

Lee Tae-tae

Yongsan-gu Seoul Metropolitan Government Nowon-gu 195

1. Electric field ○○;

The members of Ansan-si, the Hacheon-dong-ro three roads

2. South Korean War;

Last Address: At the Central Authority in the case of Namyang-ju

3. ○○.

Last Address: 16 U.S.S.S. Ma-Eup 16.S.

4. Fluorium ○○

Seoul Guro-gu Park 11 Street

5. ○○○○.

Seoul Seocho-gu Distribution Main Dong

6. Analbia;

Last Address: 225 No. 225 Doo-ro, Namwon-Eup

7. Hyo; and

Seocheon-si, Nowon-gu, Seoul Special Metropolitan City 171-ro 20

8. Kim○-○

Gwangju City City Do Do 104 Ro-ro

March 22, 2016

April 5, 2016

1. The Plaintiff:

(a) The amount of 5% per annum from September 19, 2014 to August 5, 2015; 20% per annum from the next day to September 30 of the same year; and 15% per annum from the next day to the day of full payment; and (b) the amount of 5,90,000 won per annum from September 19, 2014 to May 13, 2015; and 5% per annum from the next day to the day of full payment; and

C. Defendant Kim Jong-○ shall pay 5,90,00 won, and 5% per annum from September 19, 2014 to October 18, 2015, and 15% per annum from the next day to the day of full payment, respectively.

2. The plaintiff's remaining claims against the defendant ○○○○, ○○○, and Kim○○, and the remaining claims against the defendant Jeon○○○, and Kim○○, are dismissed, respectively.

3. Of the costs of the lawsuit, the part arising between the Plaintiff and Defendant ○○, ○○○, and ○○○○ is assessed against the Plaintiff, the part arising between the Plaintiff and Defendant ○○, and the Defendant ○○, and the part arising between Defendant ○○, ○, and ○○, respectively.

4. Paragraph 1 can be provisionally executed.

Defendant Jeon○○○, the Plaintiff, KRW 5,980, KRW 000, KRW 5,990, and KRW 000, and Defendant Lee ○, the Plaintiff

5, 90, 000 won; 5, 980, 000 won; 5, 990, 000 won for Defendant ○; 5, 990, 000 won for Defendant ○; and ○○○.

The amount of KRW 5,90,00, KRW 3,810,000, KRW 3,810,00, and KRW 5,990,00 and each of the above amounts.

From September 19, 2014 to the service date of a copy of each complaint, 5% per annum, and the day after the day of complete payment.

For up to twenty percent per annum, each share of 20 percent shall be paid.

1. Basic facts

A. On September 19, 2014, at around 19: 10, the Plaintiff visited the Internet banking website of the National Bank of Korea, but, upon which the Financial Supervisory Service’s request, entered various information of the Plaintiff according to the Plaintiff’s request.

B. The unsatisfeder’s name was the Plaintiff’s mobile phone to run the procedure for re-issuance of an authorized certificate by posting the Plaintiff’s mobile phone, and the Plaintiff left the mobile phone at the Plaintiff’s request.

C. While the Plaintiff left a mobile phone, the Plaintiff’s authorized certificate was reissued by a person without his name. From the Plaintiff’s national bank account to the Defendant’s account, the Plaintiff transferred KRW 63,680,00 in total from the Plaintiff’s national bank account to the Defendant’s account ( KRW 5,980,000, KRW 11,970, KRW 970, KRW 00 to Gu ○○○○, KRW 5,990, KRW 00 to Defendant ○○, KRW 5,990, KRW 5,980,00 to Defendant ○○, KRW 5,990, KRW 00 to Defendant ○○, KRW 5,990, KRW 00, KRW 300 to Defendant ○○, and KRW 5,990, KRW 300, KRW 00 to Defendant ○○, and KRW 309,09,000 to Defendant ○○, and KRW 509,09,00.

[Grounds for Recognition]

Defendant ○○○, Southern-do, ○○, ○○, ○○○, and ○○○○: The descriptions and images of evidence Nos. 1 through 8, and the purport of the entire pleadings.

Defendant Dol○○, ○○, ○○○○: Confession deemed as a confession.

2. Plaintiff’s request

The Defendants transferred the passbook or e-mail card, the means of access to electronic finance, to a person who has not been named, and the person under whose name was named, shall use it for the crime committed against the Plaintiff by mining (a malicious code leading the Plaintiff to a fake bank site and cutting off financial information, and then withdrawing deposits without permission) the Plaintiff incurred damages equivalent to KRW 63,680,00 in total. However, even if the Defendants did not actively participate in the above criminal acts of the person under whose name the Defendants had not been named, they shall compensate the Plaintiff for the damages suffered by the Plaintiff as a person under whose name the Defendants had been named and joint tortfeasor, even though they did not actively participate in the criminal acts of the person under whose name the Defendants had been named

3. A claim against Defendant ○○, ○○, and Kim○-○

Defendant ○○○, ○○○, and ○○○○○○○○, and ○○○○○○, without submitting a duplicate of the complaint, did not appear on the date of pleading without submitting a written reply. Therefore, all of the Plaintiff’s allegations pursuant to Article 150 of the Civil Procedure Act are deemed to have been led to the confession of all of the Plaintiff’s assertion. Therefore, the Plaintiff’s claim against

4. In the event an electronic financial transaction was conducted through a claim access medium against Defendant ○○○○, Southern-do○○○, Ansan○, and ○○○○, the said electronic financial transaction constitutes an individual tort 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 under the said electronic financial transaction exceeds imposing on the nominal holder of the means of access, and constitutes an individual tort, based on specific circumstances at the time of transfer of the means of access.

As the nominal owner could have predicted that the use of the means of access would facilitate the tort, proximate causal relation between the transfer of the means of access and the damage caused by the tort should be recognized (see Supreme Court Decision 2005Da21821, Jul. 13, 2007). Whether such possibility exists or not shall be determined by the purpose and circumstances to which the means of access was transferred, the possibility of realizing the purpose of the transfer, the possibility of realizing the object of the transfer, the identity of the recipient, the details of the tort using the means of access, the degree of contribution to such tort, and the status of the use of the means of access to such tort

Determination should be made by comprehensively considering the transferor's confirmation of the transfer (Supreme Court Decision 2015.

1. 15 Supreme Court Decision 2012Da84707 Decided January 15, 201

However, the above facts alone are insufficient to recognize that the Defendants committed the instant mination fraud constituted a tort, and thereby, could have predicted that the transaction that transferred the means of access constitutes a tort, and there is no other evidence to acknowledge it.

In addition, the transfer of the means of access by the Defendants does not lead to the Plaintiff’s transfer of money by creating wrong trust, and the means of access that the Defendants transferred by the Defendants is merely a means used by the Plaintiff to dispose of property after deceiving a person who was not aware of his/her name, so it is difficult to view that there is a proximate causal relationship between the Defendants’ act of providing the means of access and the Plaintiff’

26. As such, the Plaintiff’s claim against Defendant Jeon-○○, Southern-do, Lee ○, Lee ○, and Hy○○, and the Defendant’s claim against Defendant Jeon-young is without merit.

5. Conclusion

Inasmuch as the Plaintiff’s claim against Defendant ○○, ○○, and ○○○ is well-grounded, it is reasonable to accept it, and the Plaintiff’s claim against Defendant ○○○, Ma○○, Ma○, Ma○, Ma○, and Ma○○ is dismissed as it is without merit. It is so decided as per Disposition.

Judges Domen and Domen of the Judges