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1. The Plaintiff:
A. Defendant A’s KRW 2,719,869 and for this, KRW 5% per annum from July 18, 2015 to March 3, 2016.
Reasons
1. Claims against the defendant A and B
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. The Plaintiff’s claim against Defendant C, D, E, and F shall be asserted as indicated in the grounds for the claim, and shall claim damages against Defendant C, D, E, and F.
However, it is not sufficient to acknowledge that the above Defendants issued the passbook to the name-in-factd person, solely with the descriptions of Gap evidence Nos. 1, 2, and 4, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim against the above defendants is dismissed as there is no reason to review the remaining part.
3. Claim against Defendant G
A. The Plaintiff’s assertion is asserted as indicated in the grounds for the claim, and the Plaintiff claims damages against Defendant G.
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. 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 by negligence, there is a proximate causal relation between the aiding and abetting act and the occurrence of damage by the victim by the tort. In determining whether there is a proximate causal relation, the predictability of the situation that the tort is easy due to the negligent act, the impact of the damage caused by the negligence, the degree of contribution to the formation of the victim's trust, and the victim's own discretion.