1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Basic facts

A. On September 12, 2013, the Plaintiff sought to access the Internet banking via a computer. Around September 12, 2013, the used computer was infected with viruses and became accessible to the NongHyup site opened by the winners of the name, and entered the Plaintiff’s financial information on the said Nonghyup’s similar site.

B. On September 13, 2013, the above bearers transferred KRW 7,00,000 from the Agricultural Cooperative Account (Account Number:C) in the name of the Plaintiff using the Plaintiff’s financial information acquired as above, to the account of community credit cooperatives (Account Number: D) in the name of the Defendant, and withdrawn the said money on the same day.

[Ground of recognition] Evidence No. 1, Evidence No. 2-2, and fact-finding conducted by the court of first instance, the purport of the whole pleadings

2. The Plaintiff, as to the primary claim, seeks the return of the unjust enrichment of KRW 7,00,000 transferred to the account of the above community credit cooperatives under the name of the Defendant on the grounds that the Defendant acquired the deposit claim equivalent to the amount of the account transfer.

On the other hand, in return of unjust enrichment as stipulated in Article 741 of the Civil Act, the benefit refers to a substantial benefit. As acknowledged earlier, as long as the money transferred by the plaintiff to the above account of community credit cooperatives in the name of the defendant was withdrawn from the date of the transfer, it cannot be deemed that the defendant acquired a substantial benefit from the transfer, and there is no other evidence to acknowledge this otherwise, the plaintiff's above assertion based on the premise that the defendant acquired a substantial benefit is without merit.

3. The plaintiff, as a preliminary claim, committed a fraud by deceiving many unspecified persons, such as the plaintiff, etc., and by deceiving them, and the defendant predicted that the account of community credit cooperatives under the name of the defendant can be used for the crime, but deliver the passbook and the physical card to the person who has failed to obtain the name.