The judgment of the first instance shall be revoked.

Upon the primary claim, the defendant shall pay to the plaintiff KRW 2,400,000 as well as to the plaintiff on January 2014.

1. Facts of recognition;

A. On August 20, 2013, the Plaintiff was urged to provide a loan from an unqualified person, and accordingly, remitted KRW 2.4 million to the account of community credit cooperatives under the name of the Defendant (C).

(hereinafter referred to as “phishing crime”). (b)

Afterward, the Plaintiff reported to the Seocho Police Station on August 27, 2013, at all times, the fact that the Plaintiff was committing the singishing crime.

C. The above Defendant’s deposit account was used for the crime of Bosing, and the above KRW 2.4 million transferred by the Plaintiff remains in the above deposit account.

(However, some of them were deposited by the plaintiff at a provisional execution based on the judgment of the first instance court). [Grounds for recognition] Gap 1 and 2, the result of the order of submission of documents to the Seocho Saemaeul Community Fund of this court, the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant obtained the above remittance amount of KRW 2.4 million without any legal ground, and the plaintiff suffered damages equivalent to the above amount, and the defendant is obligated to pay to the plaintiff 2,400,000 won and damages for delay calculated at the rate of 20% per annum from September 3, 2014 to the day of full payment, which is the day after the delivery of the copy of the complaint of this case, to the day of full payment.

3. In conclusion, the plaintiff's primary claim of this case shall be accepted on the ground of its reasoning. Accordingly, the judgment of the court of first instance which dismissed the plaintiff's primary claim and partly accepted the conjunctive claim is unfair, and it is so decided as per Disposition by the revocation of the judgment of the court of first instance and acceptance of the plaintiff's primary claim.