The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Article 760(3) of the Civil Act considers an aided person to be a joint tortfeasor and imposes joint tort liability on the aided 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, in order to be held liable for joint tort as an negligent aiding and abetting another person’s tort, a proximate causal relationship between the aiding and abetting act and the occurrence of damages by the victim’s tort should be acknowledged. In determining whether a proximate causal relationship exists, the reasonable causal relationship should be determined by comprehensively taking into account the probability of predictability of the circumstances that facilitate the relevant tort by negligence, the impact of the act by negligence on the occurrence of damages, the degree of contribution to the formation of the victim’s trust, and the degree of contribution to the victim’s own

(See Supreme Court Decision 2013Da91597 Decided March 27, 2014, etc.). Meanwhile, Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access used in an electronic financial transaction, such as an electronic card or password, such as a cash card, and provides for punishing the act of violation. This is to ensure the stability and trust of an electronic financial transaction by preventing transparent transactions by another person’s electronic financial transaction under the name of the deposit owner and another person.

However, electronic financial transactions are conducted with the purpose of using or mediating electronic financial transactions.