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(영문) 전주지방법원 2021.01.29 2018가단32786 (1)
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Judgment as to the plaintiff's primary claim

A. The Plaintiff’s assertion and C are couples who completed the marriage report on May 11, 2012 (the Defendant divorcedd with C on May 16, 2019). On May 2018, the Plaintiff was recommended by the Defendant and C to make an investment that “When purchasing CK gift certificates of a company affiliated with C, to pay 5% interest on the purchase of such certificates within 7 days to 7 days or 10 days.” From June 7, 2018 to October 18, 2018, the Plaintiff remitted KRW 196,746,200 in total to the account under C’s name, and received KRW 114,520,000 from June 25, 2018 to November 10, 2018.

In this regard, C did not have any intention or ability to pay interest, etc. on the Plaintiff’s investment funds.

Since the Defendant solicited the Plaintiff to make the said investment, thereby soliciting the Plaintiff to commit deception against the Plaintiff, or by intention or negligence, the Defendant is obligated to compensate the Plaintiff for damages of KRW 82,226,300.

B. Article 760(3) of the Civil Act regards an aiding and abetting a tort as a joint illegal offender and imposes joint liability on the aiding and abetting person.

Assistance refers to all direct and indirect acts that facilitate tort, and it is possible to assist by negligence 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 an obligation on the premise that there is no due diligence to not assist a tort.

However, in order to impose joint liability for aiding and abetting another person's illegal act as negligence, it shall be recognized that there is a considerable relation between aiding and abetting act and the damage suffered by the victim's illegal act, and when determining a reasonable relation with another person, it is possible to anticipate the circumstances that facilitate the illegal act due to negligence, as well as the impact of the damage caused by negligence on the victim, and contributed to the formation

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