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(영문) 서울남부지방법원 2021.01.15 2019가단240944
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On May 13, 2019, the Plaintiff: (a) by deceiving the Plaintiff on May 13, 2019; (b) obtained personal financial information, such as deposit, insurance subscription details; (c) bank account number; and (d) an OTP card number from the Plaintiff; (b) obtained loans from the Plaintiff in the name of the Plaintiff in the name of the Plaintiff and transferred KRW 50 million to the Defendant’s D bank account in the name of the Defendant; (c) obtained such loans from the Plaintiff in the name of the Plaintiff in the name of the Plaintiff; and (d) subsequently, the Defendant, on May 8, 2019, received a proposal to arrange the details of the financial transaction to obtain loans from the non-name bank account; and (e) sent the same KRW 50 million to the Defendant’s bank account from May 13, 2019 to the Defendant’s name of the Plaintiff to the Defendant’s bank account; and (e) assisted the Defendant to commit a tort under Article 17(3) of the Civil Act.

The argument is asserted.

2. Article 760(3) of the Civil Act provides that an assistant of a tort shall be deemed a collaborative act and shall be jointly liable to the aiding and abetting person. Article 760(3) refers to all direct or indirect acts facilitating a tort. It includes not only a case of an act but also a case where an omission by a person liable for an act does not take all measures to prevent it, thereby facilitating the commission of an illegal act. It is also possible to prevent negligence in the area of civil law where the negligence in principle is the same as that of an intentional act for the purpose of compensating for damages.

However, the contents of the negligence in this case refer to the violation of the obligation on the premise that there is no duty of care not to assist the illegal act, and the relationship between aiding and abetting act and the occurrence of the damage of the victim is considerable.

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