1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. On September 12, 2018, the Plaintiff was phoneed to the effect that, upon raising the transaction performance from a deceased soldier’s name, the transaction performance from a deceased soldier was high credit, and that, on September 10, 2018, the Plaintiff remitted KRW 37,000,000 to the Defendant B’s account on September 12, 2018, and KRW 11,505,000 to the Defendant C’s account on September 14, 2018.

B. The Defendants received a call from a person who misrepresented the employees of a financial institution that “a loan can be made by entering the transaction performance with a higher credit rating,” and withdrawn the money transferred to one’s account as the person under whose name the person under whose name the name the person under whose name the person under whose name the name the person under whose name the transaction was entered was

C. Defendant C and D are above B.

In relation to the acts described in the paragraph, the investigation was conducted by the Suwon District Prosecutors' Office within the jurisdiction of the Suwon District Prosecutors' Office, and the prosecutor made a non-prosecution disposition against the above Defendants.

On December 13, 2018, the Plaintiff received a refund of KRW 1,153,462 from a financial institution to Defendant D’s account.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2-6 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendants actively cooperate in the crime of telephone financial fraud by withdrawing the money deposited in their own account and delivering it to the persons without their names. As such, they are obligated to compensate the Plaintiff for damages arising from such joint tort; Defendant B is obligated to pay the Plaintiff KRW 37,000; Defendant C is obligated to pay KRW 11,505,000; Defendant D is obligated to pay KRW 6,846,538; Defendant D is 37,00,000; Defendant C is 11,505,000; and Defendant D is 6,846,538,000; the Plaintiff suffered damages equivalent to the same amount; and Defendant C suffers from the return of unjust enrichment; Defendant C is obligated to pay KRW 11,50,000; Defendant C is obligated to pay KRW 6,50,000; Defendant D and delay damages therefrom.