The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The plaintiff's assertion and judgment

A. The defendant, who is the plaintiff's son's own assertion, committed fraud in collusion with C, obtained 59,000,000 won from the plaintiff by using the passbook in his name, and acquired it by fraud. Thus, the defendant is liable for damages as joint tortfeasor C and C.

Therefore, the defendant is obligated to pay the plaintiff damages amounting to KRW 59,000,000 and damages for delay.

B. The facts that C used the passbook under the name of the defendant at the time when C received money from the plaintiff do not conflict between the parties.

However, as the plaintiff's assertion, the above facts of recognition and the statements of Gap 1 to 2 are insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the prior plaintiff's assertion on a different premise is without merit.

2. If so, the plaintiff's claim against the defendant is groundless and thus dismissed.