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(영문) 인천지방법원 2017.05.11 2016나7104
손해배상
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's part of the revocation is against the defendant.

Reasons

1. Basic facts

A. On June 18, 2014, the Defendant: (a) received a telephone contact from a person under whose name the Defendant misrepresented the employees of the Korea Standards Bank; and (b) issued, on the same day, two copies of the same comprehensive financial securities account in the name of the Defendant (Account Number D, E) and one bank account in the name of the Defendant, and one bank account in the future (Account Number F) in the name of the Defendant, to Kwikset service.

B. On June 20, 2014, the Plaintiff sent KRW 15,000,000 to the account designated from a person who was misrepresented by the NongHyup Bank’s employee at a low interest rate upon deposit of KRW 15,00,000 to the account designated from the person who was misrepresented by the NongHyup Bank, and transferred KRW 15,00,000 from the bank account in the name of the Plaintiff to the above account in the name of the Defendant as instructed by the above person who

(hereinafter “this case’s Bosing crime”). (c)

The money transferred by the Plaintiff was mostly withdrawn by a person who was unable to receive his/her name at that time.

[Ground of recognition] The fact that there is no dispute, Gap 1, 3, 6, Eul 1, and 2, the result of the order to submit financial transaction information to the future deposit securities corporation of the court of first instance, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff transferred KRW 15,00,000 in total to each of the above accounts in the name of the Defendant, which is part of the Defendant’s crime of Bosing the Defendant’s name in the instant case. The Defendant took part in the Defendant’s act of facilitating the instant Bosing by delivering each of the above account copies and physical cards in the name of the Defendant, and thus, the Defendant is liable to pay the Plaintiff the amount of KRW 15,000,000 as compensation for tort and damages for delay.

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 any direct or indirect act that facilitates tort.

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