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(영문) 서울중앙지방법원 2016.04.22 2015가단5165068
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2014, the Plaintiff had access to the portal site in the Netherlands, which was called as a early patroler, and the pop-up shop was found to the effect that the Plaintiff is proceeding with a security-related certification procedure in the Financial Supervisory Service.

The plaintiff entered the name, resident registration number, card number, security card number, etc. according to the instructions expressed in the pop-up shop.

B. Following the re-issuance of the Plaintiff’s authorized certificate and issued the credit card in the name of the Plaintiff as the settlement account for the Defendant bank from July 16, 2014 to July 17, 2014, the following: (i) the card loan of KRW 12,000,000, cash service 1,200,000, online merchandise coupon purchase of KRW 650,000, online merchandise coupon purchase of KRW 650,00, 4,950,000, and the card card card of KRW 30,000,000, without authority, was loaned from the Defendant bank account; and (ii) the passbook borrowed KRW 28,573,540,00 from the Defendant bank account.

(hereinafter referred to as the “instant accident”). (C) The crime of a person with no name or injury as above is committed.

The provisions pertaining to the basic terms and conditions of electronic financial transactions and the Electronic Financial Transactions Act are as follows:

Article 20 (Liability for Loss and Exemption) (1) of the Framework Terms and Conditions for Electronic Financial Transactions (hereinafter referred to as "Liability for Loss") (1) A bank shall compensate the user for any loss caused by the forgery or alteration of the means of access, or by an accident occurred in the course of the electronic transmission or processing of the contract or transaction request,

However, if the loss incurred from the account as a result of an illegal transfer exceeds the amount calculated by the interest rate of a term deposit with a maturity of one year, the relevant loss shall be compensated.

(2) Notwithstanding the provisions of paragraph (1), in any of the following cases, a bank shall not fully or partially support liability even if any loss to a user occurs:

1. A natural disaster, war, terrorism, or act of God, such as power failure, fire, damage to building, or terrorism, which occurs without any cause attributable to a bank;

2. The user shall have the means of access to a third party.

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