대여금
1. The plaintiff's appeal and the second preliminary claim added in the trial are all dismissed.
2. After an appeal is filed.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the plaintiff added the second preliminary claim at the trial, and the judgment is added to the part of the reasoning of the judgment of the first instance. Thus, the court of first instance cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The gist of the assertion was that the Defendant created a business registration certificate under the name of the Defendant with the network C or used the bank account under the name of the Defendant, thereby paying KRW 80,000,000 to the above account. This constitutes a tort against the Plaintiff, since the Defendant aided and abetted the network C to acquire the above money from the Plaintiff, this constitutes a tort against the Plaintiff.
Therefore, the defendant is liable to compensate the plaintiff for the above KRW 80,000.
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, in order to impose liability for joint tort as an negligent aiding and abetting another person's tort, a proximate causal relationship between aiding and abetting act and the occurrence of damages by the victim's tort should be acknowledged. In determining a proximate causal relationship, the predictability of the circumstances that facilitate the relevant tort by negligence, as well as the probability of predictability of the damages caused by negligence, the impact of the damage caused by negligence on the victim, the degree of contribution to the formation of trust of the victim, and whether the victim