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. In addition to the overall purport of pleadings Nos. 1 and 2, the facts of recognition are as follows: ① the Plaintiff took a text message of lending brokerage from a person who assumes the position of C association staff on April 9, 2018, and took a phone to provide counseling; ② the Plaintiff took out a loan from another financial institution on April 12, 2018 as he/she believed and instructs the horses of the above person under his/her name in a low interest rate and remitted KRW 30 million to the Defendant’s deposit account in the name of the Defendant on three occasions on April 12, 2018; ② the Defendant also returned the Plaintiff’s money deposited in the Defendant’s deposit account in the name of the non-person under his/her name to receive the loan from the non-person under his/her name; ③ The Plaintiff filed a complaint against the Defendant with the Defendant by fraud; and the Defendant’s suspension of indictment against the Defendant.

2. The Defendant alleged that the Defendant’s act was an act facilitating the Defendant’s illegal act of a person who was already aware of, or could have predicted, the act of facilitating the Defendant’s act of making one’s own account (the “act of fraud”), thereby facilitating the Defendant’s act of fraud by withdrawing and delivering the Plaintiff’s money deposited in his account by negligence to a third party. As such, the Defendant, as a joint tortfeasor, is liable to pay damages to the Plaintiff, the victim, KRW 30 million, and damages for delay calculated from April 10, 2018.

3. Determination ① The fact that the Defendant was sentenced to the suspension of indictment on the ground of the charge of aiding and abetting the Plaintiff as the victim is as seen earlier, but the fact that the Defendant was found guilty in a criminal judgment is not a sufficient evidence to the extent that it is impossible to recognize any other opposing fact in a civil trial, barring any special circumstance, the suspension of indictment is not a prosecution by taking into account all the circumstances while the prosecutor recognizes the fact that the Defendant is guilty against the suspect.