1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On January 30, 2013, the Plaintiff entered into the instant insurance contract with a national bank, a stock company, and the insurance coverage period from January 30, 2013 to January 30, 2014. From January 30, 2014, the said bank, which is a financial institution, concluded an electronic financial transaction liability insurance contract with the content that compensates the insured bank for damages, such as losses incurred by the said bank, due to the occurrence of the occurrence of forgery or alteration of the means of access in connection with electronic financial transactions and electronic transmission or processing of the contract or transaction instructions, and the occurrence of damages to the user in the course of electronic transmission or processing of the transaction instructions.

B. The instant crime and the Defendant’s act 1) B opened a deposit account in the said bank and used the Internet banking service. However, on July 31, 2013, after the non-member of the name was connected to the smartphone banking program by stealing B’s personal information, he withdrawn a total of KRW 38 million from B’s deposit account on July 31, 2013, and transferred it to B’s account under the Defendant’s name (Account Number C). Meanwhile, on July 30, 2013, the Defendant received a telephone related to a loan from the non-member of the name, and then issued the above community credit cooperatives’ deposit passbook, physical card, and password to the non-member of the name.

C. On September 30, 2013, the Plaintiff paid KRW 38 million to B, the injured party, as insurance proceeds, according to the instant insurance contract.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant issued a copy of the passbook, e-mail card, and password under the name of the defendant to the person who was named in the name of the defendant so that he could readily block the above crime, and thus, the defendant is liable to compensate B for damages arising therefrom.

Therefore, the defendant should pay to the plaintiff the amount equivalent to the insurance money paid by the plaintiff as the indemnity amount.

3. Article 760 of the Civil Act of the judgment.