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(영문) 서울중앙지방법원 2014.11.05 2014가단5039056
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 was aware of the recognition from December 31, 2003 to the account in the name of the holder of the deposit account in the name of the Plaintiff’s bank account, on November 29, 2013, when the indicated amount in the following table transfer column was transferred from the Plaintiff’s bank account to the account in the name of the holder of the deposit account in the name of the holder of the deposit account.

Serial 10:25:35 C 1,60,00 won 210: 01 C 1,600: 01 C 1,600,000 won 310:30:24 D 10,000 won 410:31:45 D 10,000,000 won 510:33: 10 C 1,980,000 won 610:34: 48 C 2,40,000 won 7: 36: 08 E1,520, 38: 1,520, 520, F 10,530, 109: 40, 104, 205:30, 104, 104, 205:30, 104, 2019, 104, 2019, 104

2. The assertion and judgment

A. The Plaintiff’s third party’s assertion infringed upon the Defendant’s Internet Bank System, which is an information and communications network, and transferred the Plaintiff’s total amount of KRW 41,690,000 from the Plaintiff’s account to the Plaintiff’s online banking service using the serial numbers of the means of access, which is an unlawful means of access acquired by the Defendant’s Internet Bank System, and the mobile banking service established by the Defendant using security information, thereby causing the same damages to the Plaintiff. Therefore, the Defendant shall

B. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the third party violated the Defendant’s Internet banking business entity and obtained the serial numbers and security information, which is the means of access, by unlawful means. Therefore, the Plaintiff’s assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case is without merit.

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