(영문) 대구지방법원 2015.11.05 2015나9576 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.11.05 2015나9576

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. On August 26, 2014, the Plaintiff entered the account number, password, resident registration number, and security card number of the passbook by accessing the fake Bank Internet homepage without knowing that the Plaintiff, when accessing the Plaintiff’s Internet banking service, was installed with a malicious program under the name of the Financial Supervisory Service, which had access to the Plaintiff’s Internet bank’s computer, and then transferred KRW 6,00,000 from the Plaintiff’s Nong Bank account under the name of the Defendant to the Defendant bank account (C) by accessing the Plaintiff’s Internet homepage on the same day.

B. The name-free person was immediately seeking KRW 6,000,000, which was remitted from the NongHyup account in the name of the Defendant to the Han Bank account in the name of the Plaintiff.

(hereinafter “this case’s crime”). 【No dispute over the grounds for recognition”, “A” evidence Nos. 1 to 3, 4-1 to 3, 5, and “B” evidence No. 1, and the purport of the whole pleadings.

2. Plaintiff’s assertion and judgment

A. Although the defendant could have sufficiently predicted that his account under the name of himself will be used for the crime of fraud such as the crime of this case, it was easy for a person who has failed to obtain the means of access, and thus, the defendant is liable to compensate for the damages suffered by the plaintiff as a joint tortfeasor.

B. Article 760(3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and imposes joint tort liability on the aiding and abetting person.

Assistance refers to all direct and indirect acts that facilitate tort. Aiding and abetting by negligence is possible in the area of civil law in which negligence is the same as that of an intentional act, in principle, for the purpose of compensating for damages. In this case, the content of negligence refers to a violation of the duty of care on the premise that there is a duty of care not to assist a tort.

However, another person.

참조조문

-민법 제760조 제3항

유사 판례

-대구지방법원 2015.06.04 2014나22459

-울산지방법원 2015.12.09 2015나1055

-대구지방법원 2015.10.15 2015나7495

-전주지방법원 2016.11.23 2016고단370

-서울서부지방법원 2013.09.04 2013고단2077