1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:

On May 31, 2014, the Defendant sent the Nong Bank passbook and the Busan Bank passbook to the person in whose name the account was entered, stating the account number on the phrase, stating that the Defendant “one million won per account would be paid to the person in whose name the person in whose name the card was used and female employees would be paid to the person in bad credit standing.”

B. On June 2, 2014, around 10:00, the Plaintiff: (a) obtained a telephone financial fraud call from an unqualified person to deposit an amount of the existing loan with a higher interest rate; (b) and (c) deposited KRW 23 million into the agricultural bank account in the name of the Defendant, as ordered by the Nonparty in his name, according to the order of the Nonparty in his name.

2. The plaintiff's assertion that the defendant aided and abetted the above telephone financial fraud by transferring the agricultural bank passbook in his name to the person who was not in his name and informing him of the password, etc. Thus, the defendant is liable to compensate the damage suffered by the plaintiff.

3. 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 impose liability for joint tort by negligent aiding and abetting another person's illegal act, proximate causal relation between aiding and abetting act and the victim's damage should be recognized.