1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On August 1, 2017, the Plaintiff: (a) obtained a loan solicitation call from a person who was not the full name of the telephone financial fraud (one name scam) and was in charge of lending KRW 39,00,000,000; (b) however, to improve credit rating, the Plaintiff borrowed KRW 22,90,000 from the E Bank on August 1, 2017, and then remitted the said money to the Defendant’s corporate bank account designated by the said person who was in charge of the above name scam on August 3, 2017.

B. The Defendant received a call from a person who misrepresented a financial institution’s staff member that “a loan can be made because of the high credit rating,” and withdrawn KRW 22,900,000 that the Plaintiff transferred to the Defendant’s account as the person who did not receive the name, and sent it to F who was designated by the above person who did not receive the name.

C. The defendant Na

In relation to the act described in paragraph (1), the investigation was conducted at the Incheon District Prosecutors' Office on the charge of fraud and fraud by computer, etc., and the prosecutor conducted a non-prosecution disposition on November 30, 2017, which was not prosecuted against the defendant.

On October 20, 2017, the Plaintiff received a refund of KRW 2,680,853 from financial institutions.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including additional number), and the purport of whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Defendant, as a withdrawal for telephone financial fraud, conspired with a person who was not the party in charge of name and financial fraud, and aided and abetting the above tort even if there was no conspiracy of comment, so the Defendant is obligated to pay the Plaintiff 22,90,000 won and damages for delay due to the above joint tort. 2) The Defendant acquired the benefit of deposit claim amounting to KRW 22,90,000 through telephone financial fraud.