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(영문) 서울북부지방법원 2021.03.25 2020가단126450

손해배상(기)

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 29, 2019, the Plaintiff would give a loan at a low interest rate from a person who assumes a false name for the staff of the D financial institution.

Around 11:42,00,000 won, around 16:15, and around 8,400,000 won, around 16:15, as of the same day, were forwarded to each of the Defendant’s cooperative accounts (G) at the bank account (hereinafter “the instant Bophishing crime”). (b) On July 30, 2019, the Plaintiff reported the instant damage to the Seongbuk Northern Police Station around 13:40,000 on July 30, 2019.

[Grounds for recognition] The items in Gap evidence Nos. 1 to 3, and the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff suffered from the non-titled person's name sophishing and transferred a total of KRW 33,400,000 to the defendant's account.

The Defendants made it easy for the Defendants to commit the instant Bosing by informing of their account numbers to their names.

Therefore, as the Defendants are liable for aiding and abetting fraud, Defendant B is obligated to pay the Plaintiff KRW 25,00,000 to the Plaintiff as compensation for damages caused by tort, and Defendant C is obligated to pay KRW 8,400,000 to the Plaintiff as compensation for damages

3. Article 760(3) of the Civil Act regards aider and abetting a tort as a joint illegal offender and imposes joint liability on aider and abetting person.

Assistance refers to all direct and indirect acts that facilitate tort, and it is possible to assist by negligence 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 an obligation on the premise that there is no due diligence to not assist a tort.

However, in order to hold another person liable for joint tort due to negligence, the aiding and abetting act and the victim's damage caused by the tort is incurred.