1.The part against the defendant in the judgment of the first instance, including the claims expanded in the trial, shall be modified as follows:

1. Facts of recognition;

A. On September 27, 2013, the Plaintiff received a telephone from an unqualified person to the effect that “to give a loan if he/she would give a loan to him/her,” and transferred 2,200,000 won (2,000 won +90,000 +80,000 won +300,000 won + 300,000 won) on four occasions from the Daegu Bank Account (B) under the name of the Plaintiff, as he/she instructed, to the account under the name of the Plaintiff, and transferred 1,220,000 won (70,000 +520,000,000 won) on two occasions from the Nonghyup Bank Account (C) under the name of the Plaintiff to the Korean Bank Account (D) under the name of the Defendant.

B. On September 30, 2013, the person whose name was omitted found KRW 2,200,000, out of the above KRW 3,420,000 remitted by the Plaintiff from the bank account in the name of the Defendant (hereinafter “instant crime”), and the remaining KRW 1,220,000 remains in the bank account in the name of the Defendant.

[Based on Recognition] Evidence A, Evidence Nos. 1, 2-2, 3, Evidence Nos. 4-1, 2-2, and 4-2, response according to the order to submit financial transaction information to the president of the first instance court, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The defendant alleged that he acquired a deposit claim equivalent to the amount remitted to his own account, and thus is obligated to return the amount equivalent to the deposit claim to the plaintiff as unjust enrichment, and even if not, it does not so.

Even if the Defendant was able to have sufficiently predicted that his account would be used for the crime of fraud, such as the instant crime, the Defendant was liable to compensate the Plaintiff as a joint tortfeasor for the damages incurred by the Plaintiff as a joint tortfeasor.

B. 1) Determination on the claim for return of unjust enrichment is as follows: (a) when the remitter has made a money transfer to the payee’s deposit account, the deposit contract amount equivalent to the account transfer amount between the remitter and the receiving bank is established between the remitter and the receiving bank, regardless of whether there is a legal relationship causing the money transfer between the remitter and the payee, and the payee is equivalent to the above amount.