1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is operating a gold bank with the trade name “D” in Ulsan-gu C.

On November 26, 2018, the Plaintiff received a request from G that “I want to purchase gold bars equivalent to KRW 105,000,000 at the market price, so I wish to prepare for it by the following day,” which is employed by E and F, and engaged in gold bars brokerage using exchange rate differences between domestic and foreign countries.

B. On November 27, 2018, G transferred KRW 30,000,00 from the account under H’s name to the agricultural bank account under the Plaintiff’s name, and KRW 70,000,000 from the account under the Defendant’s name, as notified by G, the Plaintiff verified it and issued 2 km to G.

Since then, G transferred KRW 3,000,000 to the account in the name of I by the Plaintiff.

(hereinafter referred to as the “instant money”). C. 13 billion won in total of the transferred money by the Plaintiff (hereinafter referred to as “instant money”).

On November 28, 2018, the Plaintiff received text messages from the Financial Supervisory Service that the order was issued by the Financial Supervisory Service to suspend payment to the Plaintiff’s account on November 28, 2018, and confirmed the facts. As a result, the Defendant became aware of the fact that the Defendant transferred KRW 35,000,000 from E and F to H’s account, and KRW 70,000,000 from the Plaintiff’s account, respectively.

Around 14:50 on November 27, 2018, the Defendant received a telephone to “Seoul Regional Police Agency Investigation Division. The Defendant was bound to commit a crime. The Defendant deposited all money in the account to a designated account to protect the Defendant’s account.” The Defendant received a telephone and sent money to H and the Plaintiff’s account.

On December 7, 2018, the Financial Supervisory Service publicly announced that KRW 60,695,278, out of the instant money transferred to the Plaintiff’s agricultural cooperative account, shall commence the procedure for extinguishment of claims against the victim in accordance with the Special Act on the Prevention of Damage Caused by Telecommunications-based Financial Fraud and the Refund of Damages (hereinafter “Telecommunications Fraud Refund Act”).

On January 2, 2019, the Plaintiff was used by the Financial Supervisory Service for licensing fraud.