1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. On December 10, 2013, the Plaintiff: (a) received a so-called Bophishing fraud call from a person under whose name the Nong Bank had misrepresented his/her employees; and (b) thereafter, notified the person under whose name the Plaintiff was named of the account in the name of the Plaintiff’s bank (National Bank C) and the security card number.

In this regard, on December 11, 2013, the person who was unaware of name entered the Plaintiff's security card number by improper means and transferred KRW 5,781,360 from the above national bank account under the Plaintiff's name to the NongHyup Bank account under the Defendant's name.

(hereinafter referred to as the crime of this case). 5,781,360 won, which was transferred to the account of the Nonghyup Bank under the name of the defendant, was all deposited in the cash payment period of the Bank, except for KRW 4,957, out of the same day.

On the other hand, the defendant received a call from a person who assumes the false name-based employee and then notified the person who was not aware of his name-based, of his name-based account in the name of the defendant, the Nong Bank account in the name of the defendant and its security card number, and issued a card to withdraw cash from the above account.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the defendant could use the Defendant's account, etc. for the crime of Bosing fraud, etc., and facilitate the crime of this case. Thus, the plaintiff is obligated to compensate the damage caused by the crime of this case. Accordingly, the defendant asserts that the defendant is also entitled to receive a loan, and that the plaintiff's claim is unjust.

B. (1) The establishment of a joint tort under Article 760 of the Civil Act, which causes damage to another person, as well as the conspiracy among the actors.