CORTE DE SANTIAGO CONFIRMA FALLO QUE CONDENÓ A BANCO POR FRAUDE INFORMÁTICO
Published date | 29 July 2019 |
Author | Andres Pumarino |
La Corte de Apelaciones de Santiago condenó a BancoEstado a pagar una indemnización de $6.000.000 (seis millones de pesos) por su responsabilidad en la sustracción de fondos de clienta que fue objeto de fraude informático.
En fallo unánime (causa rol 10.800-2018), la Tercera Sala del tribunal de alzada –integrada por los ministros Carlos Gajardo, Freddy Cubillos y el abogado (i) Gonzalo Ruz– revocó la sentencia impugnada, dictada por el Vigésimo Cuarto Juzgado Civil de Santiago, en la parte que que ordena la reparación del lucro cesante, y la confirmó en lo demás, con declaración de que la entidad bancaria deberá pagar la cantidad única y total de $6.000.000 por concepto de daño moral, a demandante.
“Que, con relación a la reparación del daño moral, incluso en su versión más reduccionista del pretium doloris, como todo daño, también su existencia y monto requerían ser probados, sin que resultara suficiente para ese efecto las declaraciones de las testigos el informe psicológico no pericial ofrecidos por la actora”, plantea el fallo.
“En efecto, como se reconoció además en estrados por el apoderado de la demandante, este daño...
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