1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 14, 2015, the Plaintiff: (a) obtained a phone call from a person who was named as the director of the Nonghyup Co., Ltd. (hereinafter referred to as the “OTP certification number”) to request a low interest rate loan product from the Korea Asset Management Corporation as an agent; and (b) notified the Plaintiff’s personal information (resident registration number, community credit savings account number, OTP certification number, etc.) to apply for a proxy to a person who was unaware

B. Using the Plaintiff’s personal information that he/she became aware of as above, the person who was unaware of name transferred the total amount of KRW 40,040,000 to the national bank account in the name of the Defendant from December 16, 201 to the national bank account in the name of the Defendant from December 17, 2015 to December 17

(hereinafter referred to as the “Sphishing crime of this case”).

Of the money deposited into the national bank account in the name of the Defendant, the remainder, excluding KRW 6.7 million transferred to the agricultural bank account in the name of the Defendant on December 16, 2015, was transferred to another account or deposited in cash on the date of deposit.

[Ground of recognition] Gap evidence Nos. 1 and 2; Seoul Gangnam Police Station of this Court; inquiry inquiry reply to the Pyeongtaek Police Station; the submission of financial transaction information to the National Bank of this Court; and the purport of the entire pleadings

2. Determination

A. The plaintiff's assertion that the defendant had attempted to facilitate the crime of Bosing in this case by transferring a passbook, the transfer of which is prohibited under the Electronic Financial Transactions Act, to the name-oriented persons, and this constitutes aiding and abetting through a public offering or negligence, and thus, it should be held liable as joint tortfeasor under Article 760 of the Civil Act along with the name-in-factd persons.

B. Article 760(3) of the Civil Act provides that an aided or aided person shall be deemed a collaborative act, thereby imposing liability on the aided or aided person as a joint tortfeasor.

Here aid refers to any direct or indirect act that facilitates a tort, and not only by the act but also by the act.