1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

1. The scope of the trial at the court of first instance filed a claim for restitution of unjust enrichment and damages for the conjunctive tort. The court of first instance dismissed the Plaintiff’s primary claim and partly accepted the conjunctive claim.

The defendant appealed against this, and the plaintiff also filed an incidental appeal against the losing part of the conjunctive claim, so this court's trial scope is limited to the above conjunctive claim among the plaintiff's claims.

2. Basic facts

A. On October 4, 2013, the Plaintiff received so-called singishing fraud, which protects the Plaintiff’s bank account from a person who misrepresented to the public prosecutor’s office or the Governor of the Financial Supervisory Service, and accordingly transferred KRW 5,400,000 in total from the new bank account under the name of the Plaintiff to the Defendant’s Nong Bank account in the name of the Defendant, in accordance with the direction of the said person under the name of the Plaintiff.

(hereinafter referred to as the “Sphishing fraud of this case”). B.

As above, 5,400,000 won transferred to the Nonghyup Bank account in Defendant’s name was entirely withdrawn on October 4, 2013.

C. Meanwhile, on October 2, 2013, the Defendant received a call from a name-free person to the effect that a low interest may be given when sending a passbook and a e-mail card, and sent the above account passbook and the e-mail card to the above name-free person by door-to-door.

【Reasons for Recognition】 Evidence Nos. 1 and 2, Evidence Nos. 3-1 and 2-2, the purport of the whole pleadings

3. Judgment on the conjunctive cause of claim

A. The plaintiff's assertion is a preliminary claim. The defendant asserts that the defendant is liable to compensate the plaintiff for the damage caused by the Bophishing fraud, since the defendant sent the passbook and the physical card under his name to the person under his name when it could have predicted that the passbook and the physical card can be used for the crime of Bophishing fraud. The defendant is liable to compensate the plaintiff for the damage caused by the Bophishing fraud.