1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Basic facts

A. On August 1, 2019, the Plaintiff, at around 10:00, transferred KRW 106,000,000 to C bank account in the name of the Defendant (Account Number D; hereinafter “instant account”) by deceiving a person related to the Daegu District Public Prosecutor’s Office, who had misrepresented him/her, at around 10:0,00, KRW 11:37,000, KRW 36,000, around 13:13, KRW 36:50, KRW 14:50, KRW 14:51, KRW 14:50, KRW 14:53, KRW 10,00, KRW 30,00 each, around 10,000.

B. On July 30, 2019, the Defendant received a proposal from a person in unsound name who misrepresented E employee to send virtual currency to his/her former address on August 1, 2019, and sent virtual currency worth KRW 106,000,000 to the Defendant’s account of this case on the F website, and then sent the virtual currency worth KRW 103,00,000 to the Defendant’s address on the F website.

(c)

As to the account of the Defendant, the Plaintiff requested the suspension of payment pursuant to the Special Act on the Prevention of Damage to Telecommunications Finance Fraud and the Refund of Damage, and C Bank suspended payment of the account in the name of the Defendant. After which the Defendant’s objection pursuant to Article 8 of the same Act was terminated on October 1, 2019, C Bank, which caused the occurrence of suspension of payment and the extinguishment of claim, was going through to the Plaintiff around that time.

(d)

On November 28, 2019, the Defendant received money from the Office of Public Prosecutor’s Office of Government-Funded on the ground that it received virtual currency from the office of Public Prosecutor’s Office, and received disposition of non-prosecution on the ground that there was no suspicion (defensive evidence) as to the facts constituting the crime that the Defendant aided by facilitating the morale of the unknown person.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5 (including various numbers), and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) In the first place, the Defendant received the Plaintiff’s money from the Plaintiff to the instant account without any legal ground, and thereby suffered the Plaintiff’s loss equivalent to the same amount, and thus, the Defendant received the money from the Plaintiff.