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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 11, 2015, the Plaintiff’s gist of the Plaintiff’s assertion: (a) transferred KRW 13,000,000 to a new bank account (Account Number C) in the name of the Defendant on June 19, 2015, out of the loans (on-site card and national card) received through two credit cards (on-site card) held by the Plaintiff as directed by the Plaintiff.
However, unlike the promise after the above transfer, the above-mentioned person did not transfer the loans through the life-long loan to the plaintiff's account, and only the plaintiff withdrawn the above money that the plaintiff transferred to the defendant's account and suspended the contact.
Accordingly, the plaintiff suffered damages equivalent to the above amount by telephone financial fraud crime.
The defendant, knowing that his deposit account can be used for a crime, shall transfer the means of access, such as passbook connected to the account to another person, and assist the above criminal act of the person who has failed to obtain his/her name by negligence. Therefore, the defendant has a duty to compensate for such
2. Determination
A. Article 760(3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and imposes joint tort liability on the aiding and abetting 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 hold another person liable for joint tort as an negligent aiding and abetting, a proximate causal relationship between aiding and abetting act and the occurrence of damages by the victim should be recognized, and when determining whether a proximate causal relationship exists, it shall be caused by negligence.