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1. The Plaintiff:
A. Defendant D, E, F, G, L 2,975,00 won, Defendant H 2,970,400 won, and each corresponding amount.
Reasons
1. On September 5, 2013, the Plaintiff was subject to the so-called “Sishing” fraud to the effect that “the credit information has been leaked, and thus the deposit should be transferred to a safe place”, and the Plaintiff remains in the account in the name of Defendant B, C, D, E, E, F, G, H, H, K, K, and M with the bank account in the name of the Plaintiff and one bank account in the name of the Plaintiff between 13:35 to 16:06 on the same day, each of which is KRW 5,950,000 transferred to the bank account in the name of Defendant J, and KRW 4.6 million transferred to the bank account in the name of Defendant J, and the remaining amount transferred to the account of the remaining Defendants remains in the account in the name of Defendant J on December 10, 2013. However, each of the relevant money transferred to the account of the remaining Defendants is immediately withdrawn by the Plaintiff.
2. The defendant J has a duty to return the above money to the plaintiff with unjust enrichment, since there is no legal ground for the defendant J to hold it as it is, since it is currently transferred to the account of the defendant J to the claim for return of unjust enrichment.
3. Claims for damages arising from tort against the remaining Defendants, Defendant J et al.
A. The evidence submitted by the Defendants B, C, I, K, and M alone can only be acknowledged as a fact that the said Defendants newly opened or held each bank account in accordance with the proposal of a person who was not entitled to receive a loan, and otherwise, the Defendants violated the Electronic Financial Transactions Act by receiving any consideration or benefit from the said means of access.
It is insufficient to view that the Defendants could have predicted that the Defendants’ means of access would be used in the criminal act of phishing or phishing.
B. Defendant D, E, F, G, H, and L are the same as seen earlier by lending/transfer of the means of access to each of the relevant bank accounts for consideration to a person under whose name the Defendants predicted or could have predicted that they would be used for licensing crimes.