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(영문) 창원지방법원진주지원 2015.07.23 2013가단13678
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 3,567,302 as well as 20% per annum from July 24, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 2013, the Defendant listened to the statements that the head of the Tong and the cash card need to be made in order to have him/her employed from a deceased person on his/her name in order to take employment. On September 19, 2012, the Defendant sent the passbook and cash card to the deceased person, opened on October 7, 2013 (Account Number C) and the post office account (Account Number: D) opened on October 7, 2013.

B. On October 11, 2013, the Plaintiff, by accessing the Smartphone Korea mobile banking system, deleted the above language system in accordance with the message of the malicious code that was circulated by the winners of the name, and re-established the display system, entered all the Plaintiff’s name, resident registration number, password, and security card number in order.

On the same day, us, using the Plaintiff’s personal information as above, transferred 5,950,454 won in total to the agricultural bank account in the name of the Defendant, and KRW 5,940,554 in total from three occasions to three times in the post office account in the name of the Defendant and KRW 5,950,454 in total.

After that, the money deposited in each of the above accounts in the name of the defendant was entirely withdrawn in an unfortunate manner.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that each of the above accounts in the name of the Defendant could be used for financial fraud, but aids and abets the financial fraud of the bearers in name by transferring the passbook and cash card to the bearers in name.

Therefore, the defendant should pay 1,891,008 won and damages for delay to the plaintiff as compensation for damages caused by the tort.

B. The defendant's assertion that he was employed by the defendant is merely to transfer the passbook, etc. under the name of the defendant to the person who was not the party in whose name the passbook, etc., and it was not anticipated that financial fraud will occur through the above passbook, etc., so the plaintiff'

3. Determination

(a) Liability for damages.

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