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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. After concluding a travel contract with Nonparty E (tentative name F), the Plaintiff collectively remitted KRW 1,190,00 on April 1, 2016; KRW 960,00 on May 4, 2016; KRW 960,000 on May 10, 2016; KRW 70,000 on September 7, 2016; KRW 1,560,000 on September 19, 2016; KRW 0.30,00 on November 30, 2016; KRW 0,000 on the account under Defendant D’s name; KRW 1,50,000 on October 15, 2016; KRW 0,000 on the aggregate of KRW 30,000 on the travel account under Defendant D’s name; KRW 10,000 on December 26, 2016; and KRW 30,000.7,000 on the account;
B. Up to now, E does not refund the above travel price to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The plaintiff is selected to claim compensation for damages caused by a tort against the defendant and claim for return of unjust enrichment. Thus, the plaintiff is first considered to claim compensation for damages caused by a tort.
A. The Plaintiff’s assertion E acquired the proceeds of a travel product from the Plaintiff, and the Defendants transferred or lent their passbooks to E and used them, and the Plaintiff remitted them. As such, the Defendants committed joint tort with E or aided and abetted at least E’s tort, the Defendants are obligated to pay damages and delay damages therefrom to the Plaintiff.
B. The provisions of Articles 49(4)1, 6(3)1, and 2 subparag. 10(b) of the Electronic Financial Transactions Act and Article 2 subparag. 7 and 8 of the Digital Signature Act prohibit, in principle, the transfer of the means of access to electronic financial transactions, such as an authorized certificate, and punish such a violation.
Since the purpose of electronic financial transactions or the content of individual transactions carried out by means of such transaction is diverse, the victim itself creates wrong trust in the transfer of the means of access, thereby concluding a contract on the relevant financial transaction.