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(영문) 광주지방법원순천지원 2019.01.29 2018가단75600
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the defendant lent his passbook illegally by intention or negligence, and that the plaintiff paid 120,000,000 won to the above passbook by depositing the money acquired through deception from the employees of the singishing singing singing singing singing singing singing singing sing singing sing s

2. Determination A) In cases where an electronic financial transaction was conducted through the relevant legal means of access, in order to impose liability for damages caused by negligence on the transferor of the means of access on the ground that the said electronic financial transaction constitutes an individual tort beyond imposing the legal effect on the holder of the means of access, such electronic financial transaction constitutes an individual tort based on the specific circumstances at the time of the transfer of the means of access, and as the nominal owner can anticipate that the use of the means of access would facilitate such tort, causation between the transfer of the means of access and the damage caused by the tort should be acknowledged (see Supreme Court Decision 2005Da21821, Jul. 13, 2007). Whether such possibility exists should be determined by comprehensively taking into account the purpose and circumstances leading up to the transfer of the means of access, the possibility of the transfer, the identity of the transferee, the content of the tort using the means of access, the degree of contribution to the tort to such tort, and the confirmation of the transferor’s status of use (see Supreme Court Decision 2015Da372781, May 27, 2015, 2017).

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