1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On July 2014, Defendant B received a proposal from a person who was unaware of his name to “to pay 50,000 won per 50,000 won per 1 head of the Tong, if the head of the Tong is in need of the head of the Tong,” and then lent the said passbook to the person who was unaware of his name by delivering his bank passbook (hereinafter “the first passbook”) for compensation.

(hereinafter referred to as "the first crime"). (b)

Defendant C prepared a written record of disclosure and opened it on the Internet in order to seek part-time Art, and heard the speech that “the head of a Tong is required to do so in order to do so in connection with tax affairs” from the person who has failed to know his name, and lent the above passbook by sending his bank passbook (hereinafter “the second passbook”) to the person who has failed to know his name on July 21, 2014.

(hereinafter referred to as “the facts of the second crime”). (c)

The Plaintiff, based on his/her name-free statement, listened to the statement to the effect that “the remittance of the gold source is required to receive a refund,” and transferred the money to the Plaintiff KRW 13 million in total through the first passbook from July 20, 2014 to July 21, 2014, and KRW 5 million in total via the second passbook from July 22, 2014, respectively.

On November 28, 2014, the Seogu District Prosecutors' Office (2014 Form No. 30010 of the Electronic Financial Transactions Act) requested Defendant B to order a fine of KRW 1 million against the first offense, and suspended indictment against Defendant C against the second offense.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The Defendants, which are the primary claims of the Plaintiff, have accrued without legal cause the amount transferred by the Plaintiff to the first and second passbook in the name of the Defendants (Defendant B 13 million won, Defendant C 5 million won). Thus, Defendant B, Defendant C, and Defendant C, respectively, are obligated to return to the Plaintiff the amount of KRW 13 million and its delay damages.