Defendant B’s KRW 106,00,000 and its amount are 10% per annum from July 1, 2019 to December 17, 2019.

1. On January 25, 2016, the Plaintiff asserted that he/she invested in Sak Rental Business operated by Defendant B. On February 5, 2016, the Plaintiff transferred KRW 100 million to the account in the name of Defendant C, the wife of Defendant B, and paid KRW 6 million to the initial maintenance cost via D, the Plaintiff’s seat.

From June 2019, the time when the Plaintiff agreed to make an investment, the Plaintiff demanded Defendant B to return the investment amount, but Defendant B was in contact with the return of the investment amount.

Defendant B, as in the contents of the investment plan, is obligated to pay the Plaintiff the said money to the Plaintiff as compensation for damages, since Defendant B, although there was no intention or ability to return the full amount of the investment money after the termination of the investment contract, by deceiving the Plaintiff and by deceiving the Plaintiff.

Defendant C aided and abetted Defendant B’s tort by establishing a business entity called E by lending the name of Defendant B, having the business entity sell and sell external vehicles, providing a business account and allowing Defendant B to use the said account, etc. As such, Defendant C is jointly and severally liable to compensate the Plaintiff for damages.

2. Determination

(a) Claim against Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by service by public notice);

B. Article 760(3) of the Civil Act of the claim against Defendant C considers an aided person as a joint tortfeasor and imposes joint tort liability on the aided 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 impose liability for joint tort as an aiding and abetting another person's tort by negligence.