A. On May 30, 2014, the Defendant: (a) received the payment from an unqualified person; (b) opened five units of the same securities account; and (c) delivered the passwords of the said account, account cards, etc. to an unqualified person.

B. On June 6, 2014, the Plaintiff entered the Plaintiff’s mobile phone certification number four times, which was sent to the Plaintiff’s mobile phone on the same day. The Plaintiff received a false telephone that read “the app sent to a mobile phone,” and then sent an OTP certification number on the screen.”

(c) On the same day, using the OTP certification number transmitted by the Plaintiff, the person whose name was omitted was transferred to the Plaintiff’s national bank account (C) with KRW 10 million with the dynamics (D) account opened by the Defendant and transferred to the person in default of name, KRW 10 million with the dynamics (E) account, KRW 10 million with the dynamics (F), KRW 6.5 million with the dynamics (G) account, and KRW 6.5 million in total with the dynamics (G) account.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3, and the result of this court's inquiry reply to the same kind of securities corporation

2. In the principal of the Plaintiff’s assertion, the Defendant is obligated to return each of the above amounts to the Plaintiff’s unjust enrichment, as seen in the facts of the foundation, as it gains profit equivalent to the amount transferred to the same account in the name of the Defendant without any legal ground, and incurred loss to the Plaintiff.

Preliminaryly, the defendant could have sufficiently predicted that a person who committed a financial fraud can use his account card and password to commit the crime, and therefore aiding and abetting the crime by providing his account card and password, the defendant is liable to compensate the plaintiff for the amount remitted as above with the damages.

3. Determination

A. Even if there is no legal relationship causing account transfer between the remitter and the addressee with respect to the claim for return of unjust enrichment, it shall be made by account transfer.