logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.07.23 2014가단51651
손해배상(기)
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 66,580,00 and KRW 36,360,000 among them, Defendant B shall begin on August 27, 2014, and the remainder 30.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 2 of the Civil Procedure Act);

b. Claims against Defendant C, D, E, F, G, H, and I

A. The gist of the Plaintiff’s assertion is the victim of the so-called “Singishing” crime. The remaining Defendants except the Defendant B (hereinafter “the Defendants”) transferred the means of access, etc. issued in the name of the Defendants to an offender whose name is unknown. The Plaintiff asserts that the means of access, etc. was used as a means of intelligent fraud, and that property damage equivalent to the amount stated in the corresponding column of the claim was inflicted on the Plaintiff. In so doing, the Plaintiff seeks reimbursement against the said Defendants by selective return of unjust enrichment or compensation for damages.

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 as an negligent aiding and abetting, there is a proximate causal relation between aiding and abetting act and the occurrence of damages by the victim. In determining whether a proximate causal relation exists, the predictability of the circumstances that facilitate the tort due to the negligent act, as well as the impact of the damage caused by the negligent act on the victim, and the degree of contribution to the formation of the victim's trust.

arrow