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1. Defendant B’s KRW 32,300,000 as well as the Plaintiff’s annual rate from April 8, 2017 to April 24, 2018, and the following.
Reasons
1. Determination as to the claim against the defendant B
A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.
(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion-in-factd person misrepresented the victim and transferred the loan deposited into the account in the name of the victim to the account in the name of the Defendant C, etc.
Defendant C is liable to compensate for the above damages in collaboration with the person who has failed to indicate his name, because he aids and abets the above illegal acts of the person who has failed to indicate his name by allowing the person who has failed to indicate his name to use his account.
B. Determination 1) Article 760(3) of the Civil Act imposes liability on a aiding and abetting a tort by deeming the aiding and abetting person as a joint tortfeasor. Aid and abetting refers to all direct or indirect acts facilitating a tort, and is able to assist by negligence in the area of civil law where negligence is the same as that of an intentional act in principle for the purpose of compensating for damages. In such a case, the content of negligence refers to a violation of the duty of care not to assist a tort on the premise that there is a duty of care not to assist a tort. However, in order to impose joint tort liability on another person’s tort by negligence, proximate causal relation between aiding and abetting act and the victim’s damage should be acknowledged. In determining whether proximate causal relation exists, the likelihood of predicting the fact that the tort is easy due to the negligent act and the impact of the damage caused by the negligent act on the victim’s trust, the degree of contribution to the formation of victim’s trust, and whether the victim was able to prevent the damage on the part of the victim should be carefully careful (see, e.g., Supreme Court Decision 2014>