1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff corresponding to the revoked part is against the defendant.

1. Basic facts

A. On May 14, 2014, the Plaintiff entered the Plaintiff’s personal information, agricultural bank account number, etc., upon accessing the website designated by the above-mentioned names, to the effect that “The Plaintiff was called from a person who was misrepresented by the prosecutor’s office to the effect that it is required to access the Plaintiff’s name and tracked the account, and entered the Plaintiff’s personal information, agricultural bank account number, etc.”

B. On the same day, a person who was unaware of name was reissued the Plaintiff’s authorized certificate using the Plaintiff’s information so identified, and was transferred KRW 6 million to the post office deposit account in the name of the Defendant from the Agricultural Cooperatives Deposit Account in the name of the Plaintiff, and withdrawn most of them.

(A) The first instance court’s order to submit financial transaction information to Korea Post, the purport of the entire pleadings, as a result of the first instance court’s order to submit financial transaction information, is without dispute (based on recognition). (A) [The ground for recognition] No.1,2, and 4]

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant could have sufficiently predicted that his passbook, cash card, etc. can be used for the so-called phishing criminal act, but by transferring it to the person who has failed to obtain his name, aids and abets the instant phishing crime by negligence, and thus, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above crime.

B. Article 760(3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and 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, another person.