Can you recover damages from the person who lent out their bank account?

The legal basis for holding the account holder liable

Article 760(3) of the Civil Act treats a person who instigates or aids a tort as a joint tortfeasor and makes them jointly and severally liable. The Supreme Court holds that aiding here includes negligent aiding. This means liability can arise if a person handed over a bankbook, card or authentication means when, with a little care, they would have known it could be used for a crime.

Article 6(3) of the Electronic Financial Transactions Act prohibits transferring access media, lending them for compensation, or lending them knowing they will be used for a crime, and a violation carries up to 5 years in prison or a fine of up to KRW 30 million (Article 49(4)). In civil proceedings, this violation is used as key evidence of the account holder's negligence.

How to find out whose account it is

A transfer record shows only the account number and the account holder's name. A lawsuit requires a resident registration number or address, so we use the following three routes.

• After filing a criminal complaint, checking by inspecting and copying the case file
• Referring to the notice the bank sent at the time of payment suspension and the Financial Supervisory Service's public notice
• After filing suit, applying to the court for a fact inquiry to the bank

Even if the address is never confirmed, the trial proceeds by service by public notice. Among DAEON Law Firm's cases, there is a judgment that granted the full claim against a defendant served by public notice.

Claims of "I was deceived too" or "It was a part-time job"

These are the most common statements from account holders, for example that they handed over the account because they were promised a loan, or thought it was a purchasing-agent part-time job.

Courts mainly look at four things: whether they were paid and how much, how they came to hand over the account and their relationship with the other party, the scale of deposits and withdrawals after handing it over, and whether the account holder personally withdrew cash and passed it on. If they received a fixed percentage of the transferred amounts as a fee, courts tend to find that it is hard to recognize as a legitimate part-time job.

Conversely, if there are clear signs that the account holder was also deceived, liability may be reduced to a portion or not recognized. That is why we do not promise results at the outset and tell you the likelihood only after reviewing the records.

How the claim is structured

The main claim is damages for tort, and a claim for return of unjust enrichment is often added in the alternative. This is because, even if the account holder is found to have had nothing to do with the fraud, they must return money that came into their account if they are holding it without a legal basis.

In cases that are purely about money, compensation for non-economic damages is not often granted, but depending on how the loss occurred and its amount, there are judgments awarding several million won per defendant. Late-payment damages accrue at 12% per year from the day after the complaint is served (Article 3 of the Act on Special Cases Concerning Expedition of Legal Proceedings (the “Legal Proceedings Expedition Act”, 소송촉진법)).

Procedures to handle before and after the lawsuit

Even if you win, you cannot collect if the account holder has no assets. So the proper order is to first secure deposits or real estate through provisional attachment before the lawsuit. After judgment comes the stage of asset disclosure and asset inquiry, and seizure and collection.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026