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. On January 5, 2015, the Defendant delivered the account number (hereinafter “the instant account”) and the check card in the name of the Defendant at the end of the Defendant’s bearers who wish to provide loans, respectively.

B. On January 6, 2017, the Plaintiff would have the Plaintiff obtain a loan at a low interest rate if it pays the existing loan to the account of this case from a person under a false name misrepresenting that he/she is a new loan employee.

“The Defendant received telephone, and transferred KRW 3,000,000 to the instant account in the name of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant provided a passbook, etc. under the name of the Defendant to a person who was unaware of the name of the Defendant, thereby causing damage to the Defendant’s fraudulent act.

Therefore, the defendant is obligated to pay to the plaintiff 3 million won and damages for delay caused by the tort.

B. We examine whether the defendant is liable to compensate for the plaintiff's damage as an aiding and abetting person by negligence, inasmuch as there is no evidence to acknowledge that the defendant conspireds with the person who was not aware of his name.

Article 760 (3) of the Civil Code imposes liability on the aidinger and abettinger for joint tort by deeming the aiding and abettinger as the joint tortfeasor.

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 impose liability for joint tort as aiding and abetting another person's tort by negligence, it is between aiding and abetting act and causing damage to the victim by illegal act.