A. The Defendant transferred the means of access used for the electronic financial transaction under the name of the Defendant to the bearer bank account (C).

B. On June 4, 2019, the Plaintiff listened to the statement that “if it is difficult to attend because it is far from the time to make an investigation by opening a facebook in the name of the Plaintiff, it shall be done an summary investigation” from a person who assumes the name of the cyber investigation team of the Seoul Central District Public Prosecutor’s Office, and transferred KRW 49,800,000 to the above bank account in the name of the Defendant, according to the direction of the above-mentioned person who was ordered by the above-mentioned person.”

(hereinafter “instant Bosing Crimes”). / [Grounds for recognition] without dispute, Gap evidence 1 and 2 (including paper numbers)

2. Summary of the parties’ assertion

A. The Plaintiff’s primary claim 1) As aided and abetting the Defendant to commit the instant Bophishing by offering his account, etc. to the person under his name, the Defendant is obligated to pay 49,800,000 won, which is the amount remitted to the Plaintiff as compensation for damages caused by the tort, and damages for delay therefor. 2) Even if the Defendant’s act does not constitute tort, even if the Defendant’s act does not constitute tort, the Defendant obtained profits without any legal cause, and thus, the Defendant is obligated to return this amount to the

B. The defendant's assertion that the defendant would give a loan to the non-member of his name was transferred the account number, etc., but only the defendant was also subject to fraud because he did not receive the loan.

3. Determination

A. Article 760(3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and the aiding and abetting person shall be liable for the joint tort.

Assistance refers to all direct and indirect acts that facilitate tort, and it is caused by negligence in the area of civil law where negligence is the same as intention in principle for the purpose of compensating for damages.