1. The part of the conjunctive claim against the defendant in the first instance judgment against the defendant shall be revoked.

2. The foregoing.

1. The trial scope of this court is dismissed by the first instance court against the defendant, and part of the conjunctive claim is accepted by the defendant, and only the defendant appealed against this. Thus, the trial scope of this court is limited to the legitimacy of the first instance court which partially accepted the conjunctive claim, and the primary claim is excluded from the subject of the trial of this court (see, e.g., Supreme Court Decisions 94Da31624, Feb. 10, 1995; 2002Meu852, Dec. 26, 2002).

A. On September 25, 2013, the Plaintiff sent KRW 4090,000 to the Agricultural Cooperative Account in the name of the Defendant, as a fee, to the fact that he/she provided a telephone loan consultation with a person under a false name or a telephone loan who misrepresented him/her as a staff member and provided a loan of KRW 30 million.

B. On the other hand, around August 23, 2013, the Defendant sent KRW 18 million under the pretext of the fee, as well as opened the passbook and cash card with the agricultural bank opened by the Defendant, at the end of lending KRW 18 million while counseling with a person who was misrepresented by the lending adviser of the agricultural cooperative.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-15 through 19, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, and the purport of the whole pleadings

3. Judgment on the conjunctive claim

A. The plaintiff's assertion is conjunctively asserted that the plaintiff is liable to compensate the plaintiff for damages caused by the above transfer in accordance with Article 760 (3) of the Civil Code, since the plaintiff was a joint tortfeasor, as a joint tortfeasor, under sufficiently foreseeable that the defendant's failure to name was prevented by using the passbook, etc. at the time of transferring the passbook, etc. to the person who was unable to name was transferred.

B. In the event an electronic financial transaction is conducted through a means of access, the legal effect of such electronic financial transaction shall be borne by the holder.