1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s summary of the Plaintiff’s claim transferred KRW 40 million to the new bank account in the name of the Defendant to the new bank account in the name of the Defendant.

Therefore, the defendant, by deceiving the plaintiff, obtained money from the plaintiff, or by providing at least the receipt account necessary for the Bosing crime, aided and abetting the illegal act, is liable to compensate the plaintiff for damages due to the illegal act.

In addition, the Defendant’s unjust enrichment from the Plaintiff’s money remitted to its nominal account without any legal cause is obligated to return the money to the Plaintiff.

2. Determination

A. Since the purpose of using electronic financial transactions to determine the claim for damages caused by tort or the content of individual transactions carried out as such is diverse, it is difficult to readily conclude that the victim, by itself, has reached the conclusion of a contract concerning the pertinent financial transaction by creating wrong trust.

Therefore, in order to impose liability for damages caused by negligence on the transferor of the means of access on the ground that an electronic financial transaction is beyond imposing the legal effect on the holder of the means of access, and constitutes an individual tort through negligence on the ground that the said electronic financial transaction constitutes an individual tort, based on the specific circumstances at the time of the transfer of the means of access, and the fact that the use of the means of access is facilitating tort by the nominal owner is foreseeable that proximate causal link between the transfer of the means of access and the damage caused by the tort should be acknowledged.

(See Supreme Court Decision 2005Da21821, Jul. 13, 2007). Whether such possibility exists is the purpose and circumstance of the transfer of the means of access, and the purpose of the transfer.