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(영문) 수원지방법원 2015.06.11 2014나47976
부당이득금반환
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 May 29, 2013, the Plaintiff received a call from a person under whose name he/she misrepresented to the Financial Supervisory Service to the effect that “the Plaintiff’s personal information is leaked and protected. In order to inform the Plaintiff’s Internet banking password and security card number, etc., the Plaintiff informed the said person of financial information, such as his/her Internet banking password and security card number.”

B. On the same day, the person who was unaware of name transferred KRW 6 million from the Plaintiff’s bank account in the name of the Plaintiff to the Defendant’s agricultural cooperative account in the name of each of the Defendants, using the Plaintiff’s financial information identified as above, and then withdrawn KRW 5,99,221 from Defendant B’s deposit account, and KRW 5,203,30 from Defendant D’s deposit account.

(hereinafter referred to as "the crime of Bosing in this case"). / [Grounds for recognition] without dispute, each entry in Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is that the Defendants could have anticipated that the passbook and cash card in their names may be used in the phishing criminal act, but aided and abetted the instant phishing crime by issuing them to the person under whose name the card was not given. As such, the Defendants are liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the said crime.

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, illegal acts of others.

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