"Lawyer James," or Niti Thon Kaewto, personal lawyer of "Charlotte," posted on his personal Facebook page "Lawyer James LK" to announce the civil court's verdict. He stated the court ordered the bank to jointly compensate Charlotte 1 million baht for breach of deposit contract in the case of being tricked into transferring funds by fraudsters.
Lawyer James revealed that this verdict is an important precedent not only for entertainment industry operators but also for all financial service users who may be affected by online crime.
It also highlights the importance of monitoring and verifying abnormal transactions, especially those conducted late at night or during off-hours. Financial institutions should have strict screening and risk prevention systems to help reduce potential damages to the public in the future.
On 8 Jul 2024 GMT+7, the civil court heard case number P.3955/2568 between Miss Charlotte Company (plaintiff) and Kasikornbank (defendant). Miss Charlotte filed suit against Kasikornbank for breach of deposit contract with a claim amount of 4 million baht.
The plaintiff claimed they transferred money to fraudsters three times totaling 4 million baht. These were abnormal and high-risk transactions, but the defendant bank did not have measures to detect or alert the plaintiff, causing damages. The defendant argued the transactions were normal and that it had systems to prevent and detect abnormal transactions.
The court ruled the first transfer of 2 million baht was a normal transaction which the defendant could not have known was high risk. However, the second and third transfers totaling 2 million baht were abnormal transactions because they occurred after midnight.
Since the plaintiff was also negligent regarding the 2 million baht damage, the court ruled that the plaintiff and defendant share equal responsibility.
The court ordered the defendant to compensate the plaintiff 1,000,000 baht plus 5% annual interest from 8 Dec 2024 GMT+7 until full payment. Court fees shall be borne according to the claim amount won by the plaintiff, and attorney fees were set at 20,000 baht.
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