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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court of first instance’s explanation as to this case is that the plaintiff’s assertion is insufficient to recognize as the plaintiff’s assertion as additional evidence submitted at the court of first instance, and the court’s explanation is identical to the reasoning of the judgment of first instance, except for adding the judgment identical to that as stated in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The gist of the plaintiff's assertion is that even if the defendant did not recognize that he had induced the plaintiff to make an investment, it is obvious that the defendant, while he was aware of the substance of D, recommended the plaintiff to make an investment in the act of fund-raising prohibited under the law, thereby causing damage to the plaintiff. Therefore, the plaintiff's assertion constitutes aiding and abetting tort
B. In order for a joint tort to be established, the common intent or common perception of the act is not required among the actors. However, in an objective view, the act based on each actor’s intent or negligence should be jointly conducted and deemed to have common cause of infringement of rights and damages to the victim. In order to recognize liability for damages on the ground of a joint tort, it should be clearly stated that each actor’s intentional act or negligence-based act was jointly performed (see, e.g., Supreme Court Decision 2007Da44774, Apr. 24, 2008). In such a case, each act must be objectively related to the requirements for a tort and jointly recognized as causing damage to the victim.
(see, e.g., Supreme Court Decision 2010Da102755, Apr. 26, 2012). The Plaintiff’s assertion and assertion are as follows: (a) the return to the instant case and the basic facts acknowledged by the first instance judgment; and (b) the overall purport of the pleadings.