1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 10, 2014, Defendant B opened an account with the Yongcheon Saemaul Depository, and Defendant C opened an account with the Korea Post on the same day.

(hereinafter “each account of this case”). (b)

On October 10, 2014, the Plaintiff: (a) was infected with a malicious code by the wind that the deceased was connected to the URL address sent to the Plaintiff’s mobile phone; and (b) around October 11, 2014, the deceased was aware of the Plaintiff’s financial information through the above malicious code.

C. On October 11, 2014, by using the Plaintiff’s financial information identified as above, the Plaintiff transferred the Plaintiff’s total of KRW 5,970,000,000 from the Plaintiff’s Busan Bank account to the Young Saemaeul Bank account in the name of Defendant B (=2.99,000 won) and KRW 4,010,000 (=2,000 won KRW 2,000 won) to the Defendant C’s post office account on two occasions, and then deposited all via the bank automatic withdrawal machine on the same day.

(hereinafter “this case’s Boishing Crimes”). 【The ground for recognition】 The fact-finding without any dispute, entry of evidence Nos. 1, 2, and 3, each fact-finding with respect to the Youngcheon Saemaul Depository of the first instance, and the head of the Postal Information Center, the result of the fact-finding inquiry with respect to the defendant, the results of the financial transaction information inquiry with respect to the Youngcheon Saemaeul Saemaul

2. Determination on the cause of the claim

A. The Defendants asserted that the Plaintiff provided the means of access, such as each of the instant accounts, thereby facilitating the Defendant’s act of phishing the instant phishing by using the means of access. This constitutes aiding and abetting by negligence.

Therefore, the Defendants, a tort, are liable to compensate the Plaintiff for the damages.

B. (i) 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.

Aid and abetting refers to all direct and indirect acts that facilitate tort, and aid and abetting by negligence in the area of civil law that considers negligence as a matter of principle for the purpose of compensating for damages.