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(영문) 서울중앙지방법원 2015.01.26 2013가단302561
손해배상(기)
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. A. A party’s relationship (1) While conducting financial transactions with a local agricultural cooperative, the Plaintiff entered into an electronic financial transaction contract with the Nonghyup Cooperative Federation (hereinafter “CF”) around 2004, and conducted the electronic financial transaction using an authorized certificate and financial transaction information. At that time, the Plaintiff signed an application for the electronic financial transaction with the NAF and submitted it to the NAF.

(2) The Agricultural Cooperatives Federation established the defendant around March 2, 2012 by separating credit business under Article 134-4 of the Agricultural Cooperatives Act. Article 134-4(2) of the said Act provides that the defendant's business, which is separated from the Agricultural Cooperatives Federation, shall be as follows:

1. Granting loans to farmers and cooperatives, such as funds in agricultural and fishing villages;

2. Loans for business funds of unions and the National Federation;

3. Representation of business by the State or a public organization;

4. Business entrusted or subsidized by the State, public organizations, and the Agricultural Cooperatives Federation;

5. Around March 2, 2012, the Defendant entered into a basic contract for IT services entrusted with the management of the Defendant’s IT systems between the NAF and the NAF on the following grounds: (a) banking services under Article 27 of the Banking Act; (b) incidental services under Article 27-2 of the same Act; and (c) concurrent business operations under Article 28 of the same Act.

B. (1) In the event of an accident, the person infinites set up a malicious code on the Plaintiff’s smartphones, thereby allowing the Plaintiff to access the Plaintiff’s false agricultural web site as if the Plaintiff had access to the Plaintiff’s Internet banking system normally by using the Plaintiff’s Internet banking system.

(2) In September 2013, the Plaintiff’s implementation of the Nonghyup Smartphone Bank System using his own mobile around the end of September, 2013, access was made to the said website in a false manner, and demanded a certification for the strengthening of security at the said website, and the Plaintiff’s account information and information.

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