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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The reasoning for the court’s explanation of this case is as follows: (a) the reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment, which was made at the court of first instance by filing an appeal, as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The summary of the Plaintiff’s assertion was sufficiently predicted that his deposit account may be used for a crime, but the Defendant received 700,000 won as the payment for the transfer of the deposit account and aided and abetted the act of a person who has failed to obtain a name, thereby causing damage to the Plaintiff.
Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to joint tort.
B. The plaintiff's assertion that the defendant received 700,000 won from the person who was unaware of his name and opened the passbook and password on the deposit account in his name is true. However, it is difficult to conclude that the person who was unaware of his name sufficiently predicted that he was using the passbook and password that he would be used for the so-called Bosing that he could take over the money after deceiving the plaintiff by using the passbook and password that he received from the defendant. In particular, as long as the defendant cannot be deemed to have a special position to protect the legal interests or prevent infringement in relation to the plaintiff, it cannot be deemed that the defendant has a duty to investigate and supervise whether the person who was unaware of name obtained the money by using the passbook and password received from the defendant, and it is difficult to recognize that there is a proximate causal relation between the defendant's act of transferring the passbook and password and the illegal act against the plaintiff by the person who was not aware of his name. The plaintiff's assertion is different.