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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff posted a notice on the intent to sell BMW X5 heavy vehicles to SKK Ka, a used vehicle sales site.
B. On May 15, 2016, the Plaintiff: (a) received a call from an unqualified person to purchase KRW 40,500,000,000 from the Plaintiff’s company; (b) accepted the proposal; (c) and (d) concluded a letter of contract with the Plaintiff; and (d) transferred KRW 31,00,000 to the Plaintiff, the Plaintiff transferred the money to the deposit account in the name of the Defendant; and (d) subsequently, he/she would transfer the money to the Plaintiff to the Plaintiff.
C. The Plaintiff: (a) trusted the horses above as mentioned above and remitted KRW 31 million to the Defendant’s deposit account under the name of the Defendant; (b) did not send 40,500,000,000 to the Defendant; and (c) the said money transferred to the Defendant’s deposit account under the name of the Defendant was entirely deposited on the day.
(hereinafter “this case’s Bosing crime”). / [Grounds for recognition] Gap’s 1 through 4, Gap’s 5-1 through 4, and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion was sent KRW 31 million to the account held in the name of the Defendant, following the Defendant’s crime of Bosing the instant Bosing, and the Defendant took part in the instant Bosing by providing a copy of his deposit account in his name to facilitate the Defendant’s commission of the instant Bosing. As such, the Defendant is obliged to pay the Plaintiff the amount of KRW 31 million for tort damages and damages incurred therefrom.
B. (1) Article 760(3) of the Civil Act provides that an aided person shall be deemed a joint tortfeasor and the aided person shall be held liable for a joint tort.
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 intention in principle for the purpose of compensating for damages. In this case, the contents of negligence should not assist in tort.