1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. On July 11, 2013, the Plaintiff received a so-called “Singishing” fraud, which reads that “the Plaintiff shall pay a low interest rate loan to be provided by the State,” from a person under whose name the Plaintiff was named, and then transferred KRW 1,290,000,000 from the national bank account under the name of the Defendant to the Nong Bank account under the name of the Defendant, on two occasions, as the Plaintiff received from the person under whose name the Plaintiff was named.”

B. On July 11, 2013, the name-unexplosor withdrawn most of the money transferred by the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the result of response to the order to submit financial transaction information to the Nonghyup Bank of the court of first instance, the purport of the whole pleadings

2. The plaintiff, as to the primary claim, alleged that the money deposited into the account in the name of the defendant constitutes a profit gained by the defendant from another's property without any legal ground and thereby the plaintiff as the plaintiff suffered loss corresponding thereto. Thus, the defendant should return the above KRW 1.29 million to the plaintiff as unjust enrichment. However, as seen earlier, it is recognized that the money transferred to the account in the name of the defendant was most deposited, and there is no other evidence to support that the defendant had gained profit without any legal ground. Thus, the plaintiff's primary claim is without merit.

3. Determination on the conjunctive claim

A. In the case of joint tort under Article 760 of the Civil Code, several persons causing joint tort who jointly inflict damages on others, the joint tort does not require any awareness among actors, as well as any joint tort. However, the joint tort is established where the joint tort is objectively related to the joint tort, and the liability for damages arising from the joint tort is satisfied, and the joint tort refers to all direct and indirect acts facilitating the tort, which is different from the Criminal Code.