1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. On November 27, 2013, the Plaintiff: (a) received a call from a person under whose name the Plaintiff misrepresented the staff of the Hyundai Savings Bank; (b) on December 2, 2013, the Plaintiff transferred KRW 180,000 to Defendant B’s account; (c) KRW 1,598,000 to Defendant C’s account; and (d) KRW 6,237,200 to Defendant D’s account on December 2, 2013, according to the direction of the person under whose name the Plaintiff misrepresented the said money (hereinafter “instant Bosing”); and (c) each of the said money was fully withdrawn in cash immediately after the transfer.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2 (including additional number), Eul evidence Nos. 5, Eul evidence Nos. 5, and the Yeongdeungpo-gu Agricultural Cooperatives President of the first instance court, the Postal Service Information Center, and the Nonghyup Bank's order for submission of each financial transaction information, the whole purport of the pleading is

2. Determination as to the cause of claim

A. The Defendants asserted that the Plaintiff provided the means of access to the financial account under one’s name to the person who was unaware of his name, thereby aiding and abetting the Defendant to commit the instant Bophishing fraud.

Therefore, the defendants are liable for the damages of the plaintiff.

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, a proximate causal relationship between aiding and abetting act and the occurrence of damages by the victim should be recognized, and there is a proximate causal relationship.