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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. The reasoning for this part of this Court is that the reasoning for this Court is identical to the corresponding part of the reasoning for the judgment of the court of first instance, except where Defendant B’s “” is entirely dismissed as “B.” Therefore, it is acceptable in accordance with the main sentence of Article 420 of the
2. Determination as to the joint tort claim
A. The plaintiff's assertion that he was involved in the act of acquiring B insurance money by lending the name of beneficiary of the insurance contract of this case to B, transferring the passbook and physical card to which the insurance money is to be paid, or aiding and abetting at least the act of obtaining insurance money by facilitating the act of obtaining insurance money, and thus, he is jointly and severally liable with B as a joint
B. 1) First of all, we examine whether the Defendant acquired insurance money in collusion with B. According to each of the statements in the evidence Nos. 1 through 7 above, the Defendant lent the name of the beneficiary of the insurance contract of this case according to the request of friendly B, and opened the account to receive the insurance money and lent the passbook and the check card, but it is not sufficient to recognize that the above facts are sufficient to recognize that the Defendant, even though having knowledge of the fact that the Defendant acquired the insurance money from the Plaintiff, was aware of the fact that the money was stolen by the Plaintiff, and there is no other evidence to recognize it. Therefore, this part of the Plaintiff’s assertion is without merit. 2) Next, we examine whether the Defendant aided and aided the act of
Article 760 (3) of the Civil Code imposes liability on the aidinger and abettinger for joint tort by deeming the aiding and abettinger as the joint tortfeasor.
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 that considers negligence as a matter of principle for the purpose of compensating for damages. In this case, the content of negligence is premised on the duty of care not to assist in tort.