1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 13, 2016, the Plaintiff: (a) received text messages on loan from a person without a name, who assumes a person in charge of loan (hereinafter “person without a name, even if he/she was the number of winners who participated in the commission of the crime of phishing the name,” and (b) made a phone call to ask questions related to the loan; and (c) made a false statement to the effect that the Plaintiff’s name, person with a name, who received the Plaintiff’s phone ought to repay the existing loan if he/she intends to obtain a low interest.”

B. On July 19, 2016, the Plaintiff deposited KRW 50 million in the Korean bank account under the name of the Plaintiff, and notified the nameless person of the account number and password of the Plaintiff, and the nameless person transferred KRW 20 million from the Korean bank account under the name of the Plaintiff to the national bank account under the name of the Defendant, using the above information on the same day.

C. Meanwhile, on the other hand, the Defendant received a telephone call from a nameless person who assumes the position of the employees of the Nonghyup Bank to the effect that “the ordinary people may have a loan at 6% interest, but the loan is not possible due to lack of transaction records, and the deposit and withdrawal amount should be repeated if the transaction performance is created.” The Defendant shall withdraw the money remitted to the current account and deliver it to our employees,” and the Defendant shall receive the call “on July 19, 2016 at the place where the Koyang-dong branch of the National Bank of Korea was made by the winners of the name.”

As described in paragraph (d), the amount of KRW 20 million, out of the amount of KRW 50 million transferred from the bank account in the name of the plaintiff to the national bank account in the name of the defendant, was withdrawn and delivered to the person in default of name.

After that, the defendant tried to withdraw the remainder of 30 million won by going to another branch of the national bank, but the account was not paid or controlled by the plaintiff's report on damage.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff.