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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. At the time of 2012, the Defendant asserted that: (a) opened a passbook in the name of a minor son C; (b) illegally transferred or lent the passbook in violation of the Electronic Financial Transactions Act; and (c) upon D’s request for monetary loan, the Plaintiff suffered damages that the Plaintiff could not receive after transferring the loan to the account of C.
As above, the defendant has committed an illegal act by opening and lending a passbook in the name of a minor son, and thus, the defendant must complete the plaintiff's loan to D.
2. Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access in an electronic financial transaction, such as an electronic card or password, such as a cash card, and provides a provision punishing the act of violation. This is to ensure the stability and trust of an electronic financial transaction by preventing a transaction that is not transparent due to another person’s electronic financial transaction from being conducted under the name of the deposit owner
However, since the purpose of electronic financial transactions or the content of individual transactions carried out through such means is diverse, it is difficult to readily conclude that the victim, by itself, has reached the conclusion of a contract concerning the relevant financial transaction by creating a wrong trust.
Therefore, in order to impose liability for damages caused by negligence on the transferor of the means of access on the ground that an electronic financial transaction was conducted through the means of access more than imposing the legal effect on the holder of the means of access, the said electronic financial transaction constitutes an individual tort, based on the specific circumstances at the time of the transfer of the means of access, and allowing the use of the means of access to the said unlawful act.