1. Defendant C’s KRW 34 million to the Plaintiff and 5% per annum from December 20, 2016 to August 13, 2019.

1. Plaintiff’s claim against Defendant C

(a) Indication of claims: The grounds for claims are as shown in the corresponding part against Defendant C among the annexed parts;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Plaintiff’s claim against Defendant B

A. In the instant case where there is no evidence to prove that Defendant B conspired with Defendant C that he intentionally acquired 34 million won from the Plaintiff, the Plaintiff asserted that “The Defendants committed joint tort in violation of the Electronic Financial Transactions Act by granting Defendant B’s account to Defendant B, and then Defendant C could have known, or could have known, that he would be able to prevent additional fraud by using the Defendant B’s above North Korea bank account in the course of engaging in money transaction with the Plaintiff, and thus, Defendant B assisted and abetted Defendant C’s fraud, and Defendant C also has joint tort liability against the Plaintiff.”

B. However, only some of the statements in Gap 4, 5-1, 5-2, 6, and 7 are insufficient to recognize that there is a proximate causal relationship between the plaintiff's property damage caused by the act of borrowing the so-called "means of access" used in electronic financial transactions to the defendant Eul and the act of acquiring money by the defendant Eul through the said means of access by the plaintiff, and there is no other evidence to support this, the plaintiff's above assertion cannot be accepted without further review.

3. 결론 따라서 피고 C는 원고에게 위에서 인정한 재산상 손해금 3,400만원과 이에 대하여 -원고가 구하는 바에 따라- 2016. 12. 20.부터 2019. 8. 13.(☞ 이 사건 소장 부본이 피고 C에게 공시송달된 날)까지는 민법이 정한 연 5%의, 그 다음날부터 다 갚는 날까지는 소송촉진 등에 관한 특례법이 정한 연 12%의 각 비율로 셈한 지연손해금을...