1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. From December 3, 2018 to December 10, 2018, the Plaintiff remitted the total of KRW 12,840,000 to the account under the name of the Defendant in four occasions.

B. The Defendant’s spouse C (hereinafter “the deceased”) died on January 9, 2019.

【Ground for recognition】In the absence of dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is a joint tortfeasor who aids and abets the deceased’s tort by setting aside money from the Plaintiff without cancelling his bank account despite the fact that the deceased and the previous bank account number were entered, so that the deceased, who is not capable of paying such money, can borrow money from the Plaintiff through the Defendant’s account. As such, the Defendant is obligated to pay KRW 12,840,000 and damages for delay to the Plaintiff.

3. Article 760(3) of the Civil Act provides that an aided person or an assistant shall be deemed a collaborative act, thereby imposing liability as a joint tortfeasor on an aided person or an assistant. Aiding and abetting refers to all direct or indirect acts facilitating a tort, and includes not only a case of commission but also a case of facilitating the commission of a tortfeasor due to omission by a person liable to act, who does not take various measures to prevent it. Aiding and abetting such a tort refers to aiding and abetting by negligence as a matter of principle under the Civil Act where negligence is the same as that of an intentional act for the purpose of compensating for damages, unlike the Criminal Act. In such a case, aiding and abetting negligence refers to aiding and abetting by negligence. The content of negligence refers to a violation of this duty on the premise that

(See Supreme Court Decision 2005Da32999 Decided June 14, 2007). However, in order to impose liability for joint tort as an aiding and abetting another person’s tort by negligence, aiding and abetting act and tort are committed.