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Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.
Reasons
1. The Plaintiff deposited KRW 1,830,00 (hereinafter “the instant amount”) with the Defendant’s agricultural bank account (hereinafter “the instant deposit account”) designated on December 18, 2018, when transferring KRW 1,830,00 to the Defendant’s agricultural bank account (hereinafter “the instant deposit account”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 2 and 3, Eul evidence No. 1 and the purport of the whole theory
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion is that the Defendant is obliged to pay KRW 1,830,000 as compensation based on the tort and delayed damages to the Plaintiff, because the Defendant participated in the fraudulent act of the person without a name (hereinafter “the instant illegal act”) and committed so-called “the part-time part-time part-time part-time part-time part-time part-time part-time part-time”.
B. 1) First of all, the Plaintiff’s assertion against the Defendant for tort liability for aiding and abetting intentionally, and provided the Defendant with the health account and the evidence submitted alone with the knowledge of the instant tort committed by a person who was unaware of his name.
The plaintiff's assertion in this part is not acceptable, and there is no other evidence to acknowledge it.
2) Next, the Plaintiff’s above assertion is deemed to have asserted tort liability for aiding and abetting by negligence.
A) 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, another person.