1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. On November 6, 2013, the Plaintiff asserted that the Plaintiff deposited KRW 16 million with the foreign exchange bank account under the name of the Defendant (hereinafter “instant account”) in the course of committing the crime of phishing by a person without his name.

The defendant, as a joint tortfeasor under Article 760 of the Civil Act, is liable to compensate the damages suffered by the plaintiff as a joint tortfeasor under Article 760 of the Civil Act, because the defendant, by transferring or lending the passbook and cash card in the name of the defendant, facilitates the crime of sing

2. Determination

A. 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 be held liable for joint tort as an negligent aiding and abetting another person’s tort, a proximate causal relationship between the aiding and abetting act and the occurrence of damages by the victim’s tort should be acknowledged. In determining whether a proximate causal relationship exists, the reasonable causal relationship should be determined by comprehensively taking into account the probability of predictability of the circumstances that facilitate the relevant tort by negligence, the impact of the act by negligence on the occurrence of damages, the degree of contribution to the formation of the victim’s trust, and the degree of contribution to the victim’s own

(see, e.g., Supreme Court Decision 2013Da91597, Mar. 27, 2014). Meanwhile, Article 6(3)1 of the Electronic Financial Transactions Act provides that electronic cards, such as cash cards, or passwords.