1. The Defendant’s KRW 21,120,00 and the Plaintiff’s annual rate of KRW 5% from June 5, 2018 to November 21, 2018, and the following.

1. Basic facts

A. From his IBK Enterprise Bank account on June 5, 2018, the Plaintiff transferred KRW 60,160,000 to the C Bank account (Account Number D; hereinafter “instant account”) in the Defendant’s name, and KRW 44 million to the same account on the same day, around 16:29 on the same day.

B. When the above KRW 61.6 million was transferred to the account of this case, the sum of KRW 46 million was transferred from June 5, 18 to 16:27 on three occasions to the management committee E, the stock company F, and G (State). When the above KRW 44 million was transferred, the sum of KRW 59.6 million was transferred to the above company four times between 16:31 to 17:14 on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 7 and 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. On June 5, 2018, the gist of the Plaintiff’s assertion: (a) the Plaintiff called “H to sell optical communication equipment, such as 20,000,000 won,” from the person who is H, for sale; (b) the Plaintiff, upon receipt of the Defendant’s business registration certificate, decided to engage in subsequent transactions; and (c) transferred KRW 15,60,000,000 in total to the instant account (hereinafter “instant fraud”); and (d) did not receive any goods.

Therefore, the Defendant aided and abetted H’s fraudulent conduct by either intentionally or by negligence by pre public offering on the so-called H and fraud, or by allowing at least the use of his account.

Therefore, even if a tort is not established, the plaintiff has a duty to return the amount to the defendant's account by remitting the amount of KRW 15.6 million to the defendant's account by mistake without any contractual relationship with the defendant.

Accordingly, the plaintiff primarily claims to the defendant for the return of 15.6 million won for the tort, and 15.6 million won for the conjunctive claim.

B. The summary of the defendant's assertion is with I as her husband.