1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On December 29, 2017, the Plaintiff was offered to purchase KRW 2,850 per share of KRW 2,850 per share from a person who was unaware of his/her name, and entered C’s shares with D Securities Account (E) under the name of the Defendant designated by the said person who was unaware of his/her name. However, the Plaintiff was not paid the share price agreed upon by the said person who was unaware of his/her name.

B. The Defendant was offered to sell KRW 2,300 per share of KRW 2,300 per share from the person who was unaware of his name on the same day, and transferred KRW 2,300,000 to the G Bank account (H) in the name of F designated by the person who was unaware of his name on the same day, and transferred KRW 4,60,000 in total twice. However, the Defendant received only KRW 1,000 of the Plaintiff’s C shares to the securities account in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's claim for damages caused by tort (1) since the defendant assisted the plaintiff's shares to commit the crime of the non-indicted victim's name in order to cover damages caused by the plaintiff's fraud, the plaintiff is liable to compensate the plaintiff for the amount stated in the claim for damages corresponding to the value

(2) 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 hold another person liable for joint tort as an negligent aiding and abetting, there is a proximate causal relationship between aiding and abetting act and the victim's damage caused by the tort.