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(영문) 수원지방법원 2017.01.12 2016가단673
손해배상
Text

1. Defendant D shall pay to the Plaintiff KRW 5,650,00 and the interest rate of KRW 15% per annum from October 23, 2016 to the date of full payment.

Reasons

The grounds for the determination of the claim against Defendant D are as shown in the attached Form of the claim.

In a judgment by the confession of applicable provisions of law (Article 208(3)2 and Article 150(3) of the Civil Procedure Act). The legal principles related to the determination of the remaining claims against the Defendants, Article 760(3) of the Civil Act, deeming the aiding and abetting of the tort as the joint tortfeasor, imposes joint tort liability on the aiding and abetting person.

Assistance refers to all direct and indirect acts that facilitate tort. Aiding and abetting by negligence is possible 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 the duty of care on the premise that there is a duty of care not to assist a tort.

However, in order to be held liable for joint tort as an negligent aiding and abetting another person’s tort, a proximate causal relationship between the aiding and abetting act and the occurrence of damages by the victim’s tort should be acknowledged. In determining whether a proximate causal relationship exists, the reasonable causal relationship should be determined by comprehensively taking into account the probability of predictability of the circumstances that facilitate the relevant tort due to the negligent act, the impact of the act by negligence on the occurrence of damages, the degree of contribution to the formation of the victim’s trust, and whether the victim was able to prevent the

Meanwhile, Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access in an electronic financial transaction, such as an electronic card or password, such as a cash card, and provides punishment for such violation. This prevents transactions that are not transparent by using another person’s name or password.

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