1. The judgment of the first instance, including any alternative claims modified and added by this Court, shall be modified as follows:

1. On May 4, 2019, the Plaintiff transferred KRW 530,000 to the Defendant’s new bank account at around 18:50.

On May 4, 2019, the Defendant confirmed that KRW 530,000 was deposited in his own account, and transferred KRW 520,000 to C’s account on the same day.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the Plaintiff remitted the amount of KRW 530,00 to the Defendant, the Defendant did not deliver golf bonds to the Plaintiff, and the Defendant shall pay the amount equivalent to the purchase price to the Plaintiff as compensation for damages caused by nonperformance of obligation.

B. The Defendant did not properly confirm his account holder and wired the amount deposited from the Plaintiff to the account requested by the non-member of his name, thereby aiding and abetting the Plaintiff’s tort against the Plaintiff. As such, the Defendant shall pay the amount equivalent to the purchase price, which is the amount of damages the Plaintiff sustained due to joint tort

C. On May 4, 2019, the Plaintiff remitted KRW 530,000 to the Defendant’s account. Since the Defendant acquired without any cause, the Defendant shall return the said money to the Plaintiff with unjust enrichment return.

3. Determination

A. The following facts are acknowledged in light of the aforementioned facts as seen earlier, the respective descriptions of Nos. 1 and 3 and the purport of the entire pleadings.

1. On May 4, 2019, the Plaintiff reported that golf loans will be sold to 530,000 won to NABC “D” and made a statement of intent to purchase by contact with E as stated in the bulletin. On the same day, around 18:50 on the same day, the Plaintiff wired KRW 530,000 to the account known to the user of the contact information, and the account holder was the Defendant.

However, the plaintiff did not obtain golf loans, and the contact with the above contact point was cut down.

The plaintiff filed a complaint against the above contact point with the cyber investigation team of the Incheon Southern Police Station on the charge of fraud, and "F", a site for the prevention of fraud damage.