A. On April 24, 2020, the Plaintiff: (a) received a letter from a mobile phone cleaning machine to a mobile phone around 13:00; and (b) received a link, divided the link, and misrepresented the home shopping staff; and (c) the name Buddhist person was the same that the Plaintiff’s account was stolen.

Recognizing the declaration

was made.

B. On the same day, at around 13:30 of the same day, the Plaintiff opened a remote control program on a mobile phone by linking the nameless winners, who received a telephone from a person who assumes the responsibility of the investigator of the Seoul National Police Agency, and received the said nameless winners, and then sent KRW 40,000,90 to the C Bank Account (D) in the name of the Defendant, and transferred KRW 8,000,000 to E Bank Account (F).

(c)

The Plaintiff filed an application for suspension of payment with the Defendant’s account in the Dong-gu Police Station of Gwangju, and received 8,000,000 won deposited in the E bank in accordance with the procedure for suspension of payment.

Although the suspension of payment on May 19, 2020 was imposed on KRW 40,00,90, which the Plaintiff remitted to C bank, the Plaintiff did not receive the return due to the Defendant’s objection.

[Grounds for Recognition] Uncontentious facts, Gap evidence Nos. 1 through 3, and the result of the response to financial transaction information to C bank, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant, without any legal ground, acquired KRW 40,000,000 that the Plaintiff transferred to the Defendant’s account, and the Defendant shall return KRW 40,000,000 to the Plaintiff as unjust enrichment.

B. Preliminary Defendant: (a) notified Nonparty G of its account number; and (b) paid money deposited to the said account to the designated person by G; (c) did not verify the identity card of the person in distress, while participating in the phishing fraud against the Plaintiff; or (d) paying a large amount of money equivalent to KRW 100 million to another person in the name of the remitter.