1. Of the judgments of the court of first instance, with respect to the primary and conjunctive claims that shall be ordered under the following subparagraphs:

1. Determination as to a claim for damages (main claim)

A. Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access used in an electronic financial transaction, such as an electronic card or password, such as a cash card, and punishes the act of violation. This is to ensure the stability and trust of an electronic financial transaction by preventing transparent transactions by another person’s electronic financial transaction from being conducted in the name of deposit account holder or by preventing such transaction from being conducted in a third person.

However, since the purpose of electronic financial transactions or the content of individual transactions carried out through such transaction 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, and constitutes an individual tort by negligence on the ground that the said electronic financial transaction constitutes an individual tort by negligence, based on the specific circumstances at the time of the transfer of the means of access, and that the nominal owner could anticipate that the use of the means of access would facilitate the tort by facilitating the tort, proximate causation between the transfer of the means of access and the damage caused by the

And whether such a possibility exists or not shall be the purpose and circumstances to which the means of access has been transferred, the possibility of realizing the purpose of the transfer, the existence of the cost or interest in the transfer, and the identity of the transferee.