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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Jeju District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. As an negligent aiding and abetting a tort of another person under Article 760(3) of the Civil Act, a proximate causal relationship shall be acknowledged between aiding and abetting the joint tort and the victim’s damages caused by the tort. In determining whether proximate causal relationship exists, caution shall be exercised so as to avoid excessively expanding the liability, comprehensively taking into account the probability of predictability of the circumstances that facilitate the relevant tort by negligence, as well as the impact of the damage caused by negligence on the tort, the degree of contribution to the formation of the victim’s trust, and the degree of contribution to the victim’s own prevention of the damage.
The Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access in an electronic financial transaction, such as an electronic card or password, such as a cash card, and provides a provision punishing such violation. This is to ensure the stability and trust of the electronic financial transaction by preventing transparent transactions by a person to whom the means of access is transferred in the name of a deposit holder.
However, since the purpose of electronic financial transactions or the content of individual transactions carried out through such means is diverse, it is difficult to readily conclude that the victim, by itself, has reached the conclusion of a contract concerning the relevant financial transaction by creating a wrong trust.
Therefore, in a case where an electronic financial transaction was made through the means of access, the legal effect of such electronic financial transaction is more than imposing on the nominal holder of the means of access and constitutes an individual tort committed through such electronic financial transaction, thereby aiding and abetting the transferor by negligence.