1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff’s name-dissing account (Account Number: C; hereinafter “Fraud Use Account”) in the name of the Defendant under B with the so-called “singing,” and the same month.

9. Each transfer of KRW 4,700,000.

B. The Plaintiff filed a lawsuit against B seeking restitution of unjust enrichment with the Daejeon District Court 2013Gaso3039, the military court that rendered the branch court of the Daejeon District Court 2013. The said court rendered a ruling of recommending settlement with the purport that “B shall pay KRW 5,030,000 to the Plaintiff by March 31, 2014,” and the said ruling of recommending settlement became final and conclusive on February 7, 2014 on the grounds that the Plaintiff and B did not raise any objection.

C. According to the above final and conclusive settlement recommendation decision, the Plaintiff received a decision on the seizure and collection order of the claim against the deposit claims in the fraudulent account that B had against the Defendant as the claim amounting to KRW 5,132,860, the debtor B, and the third debtor under the Suwon District Court Decision 2014TT8297, and the said decision was served on the Defendant on April 17, 2014.

On May 15, 2014, the Suwon District Court rendered a mixed deposit of KRW 6,632,341 (hereinafter “instant deposit”) with the Plaintiff, E, D, and B as the deposit recipient, and KRW 6,632,341 (hereinafter “instant deposit”) on the ground that: (a) service of the instant seizure and collection order; and (b) notification of payment suspension due to telephone financial fraud by the Plaintiff’s request; (c) notification of payment suspension due to the Plaintiff’s request; (d) and (d) deposit with the Plaintiff, E, D, and B as the deposit recipient; and (d) deposit of KRW 4368 (hereinafter “instant deposit”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff alleged by the parties is obligated to pay the collection amount stated in the purport of the claim to the plaintiff who received the instant seizure and collection order, and the seizure order has been executed on the account used in fraud pursuant to Articles 5 and 8 of the Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss Amount.