1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On November 2014, the Defendant received KRW 1,00,000 for the monthly use from a person who was not the deceased on his/her name, and received KRW 500,000 in cash from the deceased on his/her name, through Kwikset service. The Defendant received KRW 500,000 in cash from the deceased on his/her name.

B. As above, the Defendant was sentenced to a criminal conviction on July 20, 2016 on the charge (violation of Electronic Financial Transactions Act) by providing the fact of lending the means of access (passbook, e-mail card, e-mail card, and e-mail card), and the Defendant appealed against this, and rendered a judgment of the appellate court that found the Defendant guilty of the same criminal facts on September 29, 2016, and changed the sentence ( Changwon District Court Decision 2016No1769, 2016No1868 (Joint)), and the said judgment of the appellate court became final and conclusive as it is.

C. On November 29, 2014, the Plaintiff: (a) obtained a phone call from an unqualified person to sell a vehicle on the face of the transfer of the purchase price of the vehicle to the said account; and (b) remitted KRW 27,000,000 to the said account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. Liability to compensate for losses;

A. The Plaintiff who committed a tort with one intention to compensate for damages caused by the Plaintiff’s intentional act refers to a false statement as if the Defendant conspireds with a person in false name and sold a vehicle to the Plaintiff, and thereby committed a tort by deceiving KRW 27,00,000 from the Plaintiff as the purchase price of the vehicle. Therefore, the Defendant asserts that the Plaintiff is liable to pay damages for delay calculated at the statutory interest rate from January 24, 2018, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, to the day of full payment.

On the other hand, the defendant lent the passbook and the e-mail card to the person who is not the name of the defendant, which is the following circumstances recognized by considering the overall purport of the pleading in the above facts.