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1. Defendant B Co., Ltd.: (a) KRW 109,110,800 for the Plaintiff and its related thereto, from May 10, 2019 to March 16, 2020.
Reasons
1. The plaintiff asserts the cause of the claim and the basic facts of the claim as shown in the separate sheet as the cause of the claim in this case (Provided, That the plaintiff withdrawn the lawsuit against the defendant E-site operator and F, and added the claim for damages under Article 750 of the Civil Act as the cause of the claim against the defendant C and D). In full view of the overall purport of the arguments in the evidence Nos. 1 through 6, the plaintiff can be acknowledged that the plaintiff deposited KRW 109,110,800 in total with the account in the name of the defendants as stated in the above cause of the claim due to the act of deception of the non-fabation of the name that the plaintiff assumes as the operator of the E-site or F.
2. As to the claim against Defendant B (hereinafter “Defendant Company”), the Defendant Company is deemed to have led to the confession of the cause of the claim of this case in accordance with Article 150(3) and (1) of the Civil Procedure Act.
Therefore, Defendant Company: (a) on April 23, 2019; (b) on April 24, 2019; (c) on the 25th of the same month; (d) on the 30th of the same month; and
5. A joint illegal act committed on the 10th day of the same month, and as a joint illegal act committed on the 10th day of the same month, the Plaintiff is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from May 10, 2019 to March 16, 2020, the delivery date of a copy of the complaint of this case against the Defendant Company from May 10, 2019 to the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Determination as to the claim against Defendant C and D
A. As to the claim for damages under Articles 760(3) and 750 of the Civil Act, Article 760(3) of the Civil Act regards the aiding and abetting a tort as a joint tortfeasor and imposes joint liability on the aiding and abetting person.
Assistance refers to all direct and indirect acts that facilitate tort, and it is possible to prevent by negligence in the area of civil law where negligence is, in principle, the same as intentional, for the purpose of compensating for damages.