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1. The Plaintiff, Defendant C, and Defendant E, KRW 12,00,00,00, and each of them shall be repaid from April 23, 2015.
Reasons
1. On April 21, 2015, the Plaintiff: (a) sent KRW 23,940,000 to the national bank account in the name of Defendant B, designated by the offender, on the Bophish telephone fraud.
On April 22, 2015, KRW 11,940,000 out of the above money was transferred to the Busan Bank account in the name of the defendant C to April 2, 2015, respectively.
Therefore, the Defendants are liable for tort. The Defendants seek payment of the money stated in the claims.
2. Grounds for recognition as to Defendant C and E: Judgment by deeming confession (Article 208 (3) 2 of the Civil Procedure Act).
3. Determination as to the claim against the defendant B
A. The relevant legal doctrine (1) In order to impose liability for joint tort as an negligent aiding and abetting another person’s tort, proximate causal relation should be acknowledged between aiding and abetting act and the occurrence of damages by the victim’s tort. In determining whether proximate causal relation exists, the reasonable causal relation should be determined by comprehensively taking into account the probability of expectation of the circumstances that facilitate the tort by negligence, the impact of the tort caused by negligence on the occurrence of damages, the degree of contribution to the formation of the victim’s trust, and whether the victim was able to prevent the damage by himself/herself.
(2) Meanwhile, Article 6(3)1 of 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 for punishing the act of violation. This is to ensure the stability and trust of the electronic financial transaction by preventing transparent transactions by another person’s electronic financial transaction under the name of deposit account holder and another person’s electronic financial transaction.
However, the purpose of electronic financial transactions is to use it.