1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. In November 2014, the Defendant received 100,000 won from F Schools located in Busan Dong-gu, Busan, as the rent, from the deceased and sent cash cards, etc. to the account of community credit cooperatives (G) in the name of the Defendant.

B. On November 28, 2014, on the part of 2014.12:00, the person under whose name the Plaintiff misrepresented the Plaintiff to the Seoul Central District Prosecutor, and “The Plaintiff’s current Agricultural Cooperatives and Han Bank Account is used for a crime and is under investigation. The Plaintiff opened an account in the Han Bank and transferred the amount in the Han Bank Account to the Han Bank Account. After then, the Plaintiff entered the account number, password, andOTP number into the Central Site (H).” The Plaintiff opened the foreign Exchange Bank Account and deposited KRW 134,093,006.

On the same day, the person who was unaware of name transferred KRW 6,160,000 from the foreign exchange bank account under the name of the defendant to the account of the above community credit cooperative in the name of the defendant.

(hereinafter “instant Bophishing.” 【Ground for Recognition. 【In the absence of any dispute, evidence Nos. 1 through 4, and evidence Nos. 1 and 2, the purport of the entire pleadings and arguments.

2. The plaintiff's assertion that the defendant could have sufficiently predicted that the cash card was used for a criminal act such as the instant Bosing at the time of transferring the cash card, etc. of his account to a person under his name, but aided and abetted the crime of the instant Bosing fraud by transferring the cash card under his name to a person under his name.

Therefore, the defendant is liable for damages of the plaintiff.

3. Occurrence and scope of liability for damages;

A. In the case of joint tort under Article 760 of the Civil Act, one of the persons who jointly inflict damages on another person, the conspiracy or common perception between the actors is not necessarily necessary, and the relationship is common in the case of an objective act.