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(영문) 수원지방법원 2015.07.15 2014나35232
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On October 23, 2013, the Plaintiff: “The investigator of the Supreme Public Prosecutor’s Office is the investigator of the Supreme Public Prosecutor’s Office. It is necessary to conduct a financial information investigation because he/she was involved in financial fraud.” The Plaintiff was phoned to the effect that he/she entered Internet banking ID, account number, password, and security card number by accessing the website of notification. If not, he/she shall be deemed to have participated in the crime.”

B. The Plaintiff, in its name, notified the names of the winners of the financial transaction information, such as the account number (E), password, and security card number in the deposit account of the Plaintiff.

C. On October 23, 2013, by using the Plaintiff’s above information, KRW 1,990,023 as the Nong Bank (F) deposit account in the name of the Plaintiff in the name of the said Plaintiff; KRW 1,990,058 as the post office deposit account in the name of the said Defendant; KRW 1,990,502 as the Nong Bank (H) deposit account in the name of the said Defendant C; and KRW 1,991,058 as the post office deposit account in the name of the said Defendant D, and withdrawn it.

[Ground of recognition] The non-contentious facts, Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 1, the first instance postal services headquarters, and the NH Bank's response to each order to submit financial transaction information, the purport of the whole

2. The plaintiff's assertion and judgment

A. The Defendants asserted that they provided their financial transaction information to persons who have failed to obtain their names and facilitate the transfer and withdrawal of money from the Plaintiff’s account by using such information. As such, the Defendants are liable to compensate the Plaintiff for damages as an aiding and abetting to commit a tort under Article 760(3) of the Civil Act.

B. 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, and in principle, negligence is for the purpose of compensating for damages.

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