1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 29, 2018, the Plaintiff received a telephone from a person who misrepresented the investigator of the Seoul Metropolitan Police Agency, stating that “The Plaintiff shall deposit money with an account to inform him/her of the current status of deposit and withdrawal of the account by opening a bank passbook in the name of the Plaintiff.”

The Plaintiff, as he was at the end of the above-mentioned person’s unclaimed statement, remitted the Defendant’s CUnion account totaling KRW 43,00,000 on two occasions.

B. On October 24, 2018, the Defendant: (a) obtained a telephone call from a person who misrepresented as a proxy of a bank; (b) obtained a low interest rate loan; (c) obtained a transaction performance in order to obtain a low interest rate loan; and (d) made the deposited money as a result of deposit at the request of the neighboring branch; and (c) notified the Defendant’s CF account number to the employees after withdrawing the deposited money.

The defendant's account on October 29, 2018 is the plaintiff's account.

43,00,000 won sent in the same way as the same paragraph was withdrawn and delivered to the person who was named on the same day.

C. The Defendant was investigated under the charge of aiding and abetting fraud, but was decided to suspend indictment on January 18, 2019 on the ground that there was no benefit from having committed the crime at the end of lending.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Determination

A. The Defendant asserted that the Plaintiff’s assertion aided and aided the act of fraud of a person without a name, i.e., fraud of a person without a name, by withdrawing the money deposited by the Plaintiff and delivering it to the person without a name.

The defendant is liable for compensating for damages sustained by the plaintiff.

B. 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, and it is caused by negligence in the area of civil law where negligence is the same as intention in principle for the purpose of compensating for damages.