1. Revocation of the part against the defendant concerning the conjunctive claim in the judgment of the first instance, and the revocation thereof;

1. In the first instance court’s trial scope, the Plaintiff primarily claimed for restitution of unjust enrichment, and the first instance court dismissed the claim for restitution of unjust enrichment by the primary claimant, and partly accepted the conjunctive claimant’s claim for restitution of unjust enrichment.

Accordingly, the Defendant appealed only the part against the Defendant regarding the ancillary claim in the first instance judgment.

Therefore, the scope of this court's trial is limited to the conjunctive claim.

2. Basic facts

A. In order to obtain a loan on November 8, 2013, the Defendant sent a cash card connected to the Agricultural Cooperative Account (C) under the name of the Defendant to the person under whose name the account was opened and notified the account number and password.

B. On November 11, 2013, the Plaintiff: (a) received the call from a person who was unaware of his name, saying, “I would like to cut off his arms and legs if I would not deposit KRW 34,800,000; and (b) returned KRW 15,00,000 to the account under the above Defendant’s name; and (c) deposited KRW 14,995,200 from the above account on the same day.

(hereinafter “this case’s Bosing crime”). / [Grounds for recognition] without dispute, entry in Gap’s Evidence Nos. 1, 3, 5, and Eul’s Evidence No. 1, and the purport of the whole pleadings

3. The plaintiff's assertion is the joint tortfeasor who participated in the crime of Bosing the case, and is liable to compensate the plaintiff for the amount equivalent to the above remittance amount as damages.

4. In the event an electronic financial transaction has been conducted through the means of access, in order to impose liability for damages caused by negligence on the transferor of the means of access on the ground that the legal effect by such electronic financial transaction exceeds the burden on the holder of the means of access and constitutes an individual tort, the fact that an individual transaction, based on specific circumstances at the time of the transfer of the means of access, constitutes a tort, and that unlawful act.