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. Basic facts

A. On January 3, 2018, the Defendant sent a passbook (F bank G), debit card, and password in the name of the Defendant, to the end that he/she creates a head of the E team by raising credit rating from the person who is the D agent of the C Bank and the team leader of the E Bank.

B. On January 3, 2018, the Plaintiff: (a) called C Bank M&C opening advertisement; and (b) the Plaintiff’s agent called H’s credit rating was lower so that the Plaintiff would have been given a loan from the I card and repaid the loan; (c) the Plaintiff received a loan of KRW 13 million with the I card, and then asked the Plaintiff for repayment; and (d) the team leader called the J’s team leader would refund KRW 6 million to the Defendant’s account.

Accordingly, on January 12, 2018, the Plaintiff transferred KRW 6,000,000 from the Plaintiff’s account to the above account under the Defendant’s name.

C. On April 16, 2018, the Plaintiff reported to the Suwon Police Station, and the Defendant was subject to a disposition of suspending prosecution on suspicion of fraudulent aiding and abetting by a prosecutor of the Suwon District Prosecutors’ Office.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant alleged that he could have sufficiently predicted that he could be used for the crime of telephone financial fraud, such as singing, etc., but offered a passbook, etc. under the name of the Defendant to the person who was unaware of the name, thereby soliciting or aiding and abetting the instant crime of telephone financial fraud.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 6,000,000 as damages for tort and damages for delay.

B. We examine whether the defendant is liable to compensate for the plaintiff's damage as an aiding and abetting person by negligence, inasmuch as there is no evidence to acknowledge that the defendant conspireds with the person who was not aware of his name.

Article 760 (3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and the aiding and abetting shall be liable for joint tort.