1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. Around February 2013, Defendant C’s male-friendly-gu J heard that another person’s passbook and cash card needs to be opened to Defendant C in order to obtain a loan without a personal seal from the person without a personal seal, and requested Defendant C to open the passbook and cash card in the above Defendant’s name.

Accordingly, on February 26, 2013, Defendant C opened a passbook in his name at the Doo-do branch of Seocheon Agricultural Cooperatives and issued a cash card, which led Defendant C to a fluent person.

Defendant E also should raise credit rating in order to obtain a loan on February 2, 2013. To this end, Defendant E trusted the talk of a person under whose name the statement of virtual subscription money could be repeated in a way to unfold the statement of transactions, and on February 27, 2013, Defendant E opened a passbook in his name at the Daejeon Livestock Cooperatives, the Seoul Livestock Cooperative branch, and issued a cash card to the person under whose name the card was issued.

B. On February 27, 2013, the Plaintiff received a telephone from a person under whose name the Plaintiff introduced himself as a member of the Enterprise Call Center employee of the Bank: “Any person must transfer money from the bank account under the name of the Plaintiff to another safe account; and at the end, he/she remitted total of KRW 37,000,000 to the bank account in the name of the Defendants designated by the said person under the name of the Defendants as shown in the following table.”

On February 27, 2013, the bank name account holder on the deposit date, the bank name account number amounted to KRW 11,000,000 on February 27, 2013, Defendant CHyup Bank G 10,000,000 on February 28, 2013, Defendant CHyup Bank H6,00,000,000 won on February 28, 2013, Defendant CHyup Bank H 6,000,000 on February 28, 2013.

C. Meanwhile, the Plaintiff received total of KRW 1,014,695 as compensation for damages from Defendant E and K that received money from Defendant E after the said fraud.

[Ground of Recognition] In without dispute, entry of Gap 1 through 5 (including virtual numbers), Daejeon Livestock Cooperative Branch Office, Nonghyup Bank Director, Nonghyup Bank Director, Seocheon National Agricultural Cooperative.