Defendant B’s KRW 76,502,90 for the Plaintiff and its related KRW 5% per annum from June 9, 2018 to October 5, 2018.

A. On August 3, 2016, upon receiving the request from Defendant C, a prisoner in his/her own prison, to lend KRW 10,000,000 from Defendant C, a prisoner in his/her own prison, the Plaintiff delivered the cash card in the name of Defendant C, the husband of Defendant C, to Defendant B, who is the husband of Defendant C, through the procedures for returning the goods held in custody (hereinafter “the cash card in this case”).

B. Defendant B from August 3, 2016 to the same year

9. Until December 22, 200, with the instant cash card without the Plaintiff’s consent or approval, additional 116,502,90 won (including transfer fees) was withdrawn or used for gambling funds after account transfer.

C. Accordingly, the Plaintiff filed a criminal complaint against the Defendants. On July 26, 2018, Defendant B was sentenced to imprisonment with prison labor for one year and four months as well as a fine of 5,00,000,000 won for the crime of fraud by using computers, etc. and gambling, and the said judgment became final and conclusive as it is (Korean Government District Court 2017Da4935), but Defendant C was subject to a disposition of non-guilty charges on the grounds that there is insufficient evidence to support that Defendant C conspired with Defendant B on June 12, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition, Defendant B, without the Plaintiff’s consent or consent, additionally affixed KRW 116,502,90 with the cash card of this case or transferred the account to inflict damages equivalent to the same amount on the Plaintiff. Thus, Defendant B, barring any special circumstance, is liable to compensate the Plaintiff for such damages.

B. As to this, Defendant B’s defense that the Plaintiff repaid KRW 40,00,000 to the Plaintiff, comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1, 1, and 1 as a whole, Defendant B’s remittance of KRW 40,000 to the Plaintiff’s bank account on August 22, 2016, and KRW 3,000,000,000 on December 2, 2016, and KRW 23,000,000 on December 23, 2016, and KRW 4,00,000,000 on December 64, 2017, and KRW 10,000 on April 19, 2018, Defendant B can be recognized.