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(영문) 서울중앙지방법원 2019.05.01 2018나39739
구상금
Text

1. Of the judgment of the first instance, the part against Defendant E, G, I, N, andO shall be revoked.

2. The Plaintiff, Defendant E, and Defendant E, KRW 9,207,00.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an insurance contract with T Co., Ltd. (hereinafter “T”) on February 1, 2015, between February 1, 2015 and February 1, 2016, with the content of guaranteeing the legal liability, etc. of the policyholder and the insured, the maximum amount of compensation KRW 2 billion, financial institutions and electronic financial business entities following the enforcement of the Electronic Financial Transactions Act (hereinafter “instant insurance contract”).

The instant insurance contract provides that “A financial company or an electronic financial business entity shall be liable for damages to a user if the user suffers damage due to an accident caused by the forgery or alteration of a means of access, an accident caused in the course of concluding a contract or electronic transmission or processing of a transaction request, and an accident caused by the use of a means of access acquired by fraud or other improper means by intrusion on an electronic device for electronic financial transactions or an information and communications network under Article 2(1)1 of the Act on Promotion of Information and Communications Utilization and Information Protection

B. Around May 4, 2015, at U’s T Savings Deposit Account (V) account, a beneficiary certificate was sold under the Act on the hacking of Account of Persons without Name, and a part of the amount of KRW 415,85,535 of the sales amount was withdrawn after deposit with the Defendants’ account:

CWX 5,200,000 2 EY 10,230,000 3 FAB 5,850,000 4 G AC AD 6,020,000 5,850,000 11,900,000 5 IE AE AF 12,040,000 Y AG 12,040,000 Y AH AJ AJ 5,850,000 7 KAI AW AJ 5,90,90,000 8 NT 6,020,000 Y AL 12,000 Y AL 12,00,000 OM 10,010,00 AE ACE 10,000,00 ACE Ac 10,000,30,00 Ac

C. Upon receiving a claim from the Plaintiff for KRW 212,150,000, insurance money due to the occurrence of the insurance accident under the instant insurance contract, the Plaintiff paid the said amount on May 30, 2016, and thereafter, KRW 21,215,00,00, which constitutes 10% of the said insurance money from T.

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