1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff filed a claim for damages against the Defendant, D, and C based on Article 760(1) of the Civil Act, ② a claim for damages against the Defendant, D, and C based on Article 760(3) of the Civil Act, ② a claim for damages against the Defendant, D, and C based on Article 760(3) of the Civil Act, ② a claim for damages against the Defendant, D, and C based on Article 401(1) of the Commercial Act, and a claim for restitution of unjust enrichment against C. The first instance court dismissed only part of the claim for damages against the Defendant.

Since only the defendant appealed, each part of the judgment of the court of first instance against D and C was separated and finalized, and the scope of the judgment of this court is limited to the part against the defendant in the judgment of the court of first instance.

2. The reasoning for the court’s explanation on this part of the basic facts is as follows: “Defendant B” in the “1. Basic Facts” in the judgment of the court of first instance; “Defendant D” in the “1. Basic Facts”; “Defendant C” in the “C” in the “1. Basic Facts” in the judgment of the court of first instance, except for the case where “C” and “Defendant C” are different from the “1. Basic Facts” in the judgment of the court of first instance

3. The parties' assertion

A. The plaintiff's assertion that the defendant works for the plaintiff at the sales outlet of the defective person's name.

In the case of this case, it was false that the owner of the instant vehicle was on board the transport vehicle.

The Plaintiff trusted the above horses of the Defendant and remitted KRW 43,00,000 to each account in the name of D/C, as the Plaintiff trusted the said horses.

As the Defendant aided and abetted the Plaintiff’s act of fraud by using the above methods, the Defendant is obligated to pay 36,00,000 won for the Plaintiff’s loss (=43,000,000 won for the share purchase price of the instant case – returned KRW 7,00,000) pursuant to Article 760(3) of the Civil Act and damages for delay.

B. The defendant's assertion 1 is easy to commit the crime of fraud by the nameless winners.