1. Paragraphs 1 and 2 of the decision of the court of first instance, including the plaintiff's claim changed at the trial court, are as follows.

1. Basic facts

A. On June 18, 2104, the Plaintiff: (a) called “the large passbook created in the name of AC is used for a crime” from a person who misrepresented the staff of the public prosecutor’s office; (b) received the call from the public prosecutor’s office’s office homepage that “as you have access to the public prosecutor’s office homepage, you enter and enter financial information of AC; (c) sent KRW 5 million from the passbook account in the name of the Plaintiff to the new bank account in the name of the Defendant B (D) and KRW 5 million from the Defendant’s bank account in the name of the Defendant B; and (d) returned KRW 5,100,000 to the Defendant’s bank account in the name of the Defendant B (E) instead of the Defendant C.

B. As above, the Plaintiff: (a) dismissed the account transfer; (b) removed KRW 5 million from the account in the name of the Defendant B’s bank account; and (c) withdrawn KRW 3,002,100 from the new bank account; and (b) removed KRW 5,610,00 from the Defendant C’s alternative securities account; and (c) acquired it by deceit.

Therefore, 1,997,916 won (including interest 16 won) remains in the new bank account in Defendant B’s name.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the claim for return of unjust enrichment against Defendant B, Defendant B is obligated to pay damages for delay calculated at the rate of 5% per annum from March 5, 2015, which is the day following the delivery date of the complaint in this case, to March 11, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day after the delivery date of the petition in this case, as to the above KRW 1,997,916, which remains in the new bank account.

B. The Defendant’s summary of the Plaintiff’s assertion regarding the claim for damages against the Defendants is likely to use the said account for crimes, such as scam and financial fraud, when transferring his account of passbook.