1. The plaintiff's claim is dismissed.

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

1. On May 7, 2019, the Plaintiff asserted that he was aware of the fact that the Plaintiff was damaged by telephone financial fraud. The Plaintiff transferred KRW 50,000,000 to the new bank account under the name of the Defendant.

The defendant gains the above money from the plaintiff without any legal ground, and thus the defendant is obligated to return the above money to the plaintiff as unjust enrichment.

2. According to the overall purport of the statements and arguments by the Plaintiff, the fact that the Plaintiff was subjected to Bosing fraud and remitted KRW 50,000,000 to the new bank account under the name of the Defendant on May 7, 2019 is recognized.

However, even if the money remitted by the Plaintiff was deposited into the account under the name of the Defendant, the circumstance should be recognized to deem that the Defendant had gained substantial benefits to the extent that the Defendant could have practically controlled the said money (see Supreme Court Decision 2010Da37325, 3732, Sept. 8, 201). However, there is no circumstance to deem that the money deposited into the account under the name of the Defendant was entirely withdrawn by the name unclaimed box (B) and otherwise, that the Defendant had gained substantial benefits.

The plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.