1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. Basic facts (1) Around January 17, 2013, the Defendant heard that a person whose name is unknown and that a cash card connected to a deposit passbook and a deposit account needs to be made in order to obtain a loan. He sent a deposit passbook and a cash card connected to the said account under the name of the Defendant through Kwikset Service, and sent it to the Defendant’s account and a cash card connected to the said account, and the password was also known.

(2) On January 21, 2013, the Plaintiff: (a) was called to the person whose name is unknown; (b) “Na is a N criminal of the Seoul Southern Police Station; and (c) if the personal information of the requester was leaked, all of the passbooks were left off. In this context, the Plaintiff immediately cancelled all the money in the passbooks and opened the passbooks and opened the passbooks and opened the passbooks and transferred money to the account of the Plaintiff’s community credit cooperatives and postal offices.” (c) accordingly, the Plaintiff opened the telebanks and transferred all of the money after cancelling the insurance policy to the Plaintiff’s community credit cooperatives account and postal offices account.

A person whose name is not known, transferred KRW 5,940,00 from the Plaintiff’s account of community credit cooperatives to the said Nonghyup Bank account under the name of the Defendant using the security card number and password, which was identified by the Plaintiff.

(3) As to the above (1) facts, the Defendant was investigated under suspicion of violation of the Electronic Financial Transactions Act and was subject to a disposition by an investigation agency to the effect that the Defendant was suspected of having committed such offense.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-6, Eul evidence 1, the purport of the whole pleadings

B. (1) Determination is that the establishment of a joint tort under Article 760 of the Civil Act, which causes damage to another person jointly, does not require the actor’s mutual recognition as well as joint perception, provided, however, that it is sufficient if the joint act is objectively related, and that damage is incurred due to the relevant joint act.