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(영문) 서울중앙지방법원 2017.06.21 2016가단5196069
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who opened a deposit account at the Defendant’s rice point and applied for Internet banking for use of the said account.

나. 원고는 2013. 8. 26. 18시경 원고의 집에서 원고의 컴퓨터를 이용하여 인터넷뱅킹을 하고자 피고의 인터넷뱅킹 홈페이지에 접속하게 되었는데, ‘개인정보 등을 기입하라’는 안내문이 팝업창으로 떴고, 원고는 팝업창에서 지시하는 대로 원고의 이름과 주민등록번호, 인터넷뱅킹 아이디와 비빌번호, 공인인증서 비밀번호를 모두 입력하였다.

However, it could not have access to the website and could not make financial transactions.

C. However, around August 27, 2013, around 09:30 on August 27, 2013, the Defendant’s call confirmed that the Plaintiff unfairly released the Plaintiff’s deposit from the Plaintiff’s account. As a result of the confirmation, the Plaintiff confirmed the fact that a total of KRW 99,580,000 was transferred from August 26, 2013 to the account in the name of B, C, D, E, F, G, etc. for 50 times over 50 times from August 26, 2013 to August 02:0.

H, etc., around August 26, 2013, infection with a malicious code on a computer used by the Plaintiff via the Internet, let the Plaintiff hold a window seen as the Defendant’s website on the Plaintiff’s computer, and let the Plaintiff do so.

On August 26, 2013, 21:42:05, after identifying the financial information of the Plaintiff, the Plaintiff discarded an authorized certificate that was previously issued, and obtained a new authorized certificate by using the Plaintiff’s information that was illegally acquired 21:45:48 on the same day, and acquired the money from the Plaintiff’s account by withdrawing the money from the Plaintiff’s account, and H et al. was convicted due to the above criminal facts.

[In Busan District Court 2014 High Court 2345, 2883 (Joint), and 2014No535, 2025 (Joint) of the same court] / [Grounds for recognition] Gap 1, 2, 4 (including additional numbers), Eul 1 and 2, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s financial accident of this case 1.

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