1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Defendant, around the early 2013, sent a cash card to the Defendant’s bank account (Account Number: H; hereinafter referred to as the “instant account”) under the name of the Defendant and received the amount of money in return for the lending of the passbook and cash card from the Internet.

B. On February 26, 2013, the Plaintiff, who introduced himself, as an employee of a financial company, was urged to manage at a low interest rate which combines “one of the loans received from the current several bank notes.” The Plaintiff received a telephone call stating “on payment of the previous loans to the account that must be repaid and notified,” and remitted KRW 1,980,000 to the instant account. However, the account holder was forced to withdraw the said KRW 1,980,000 after the Plaintiff’s remittance, and then the contact was interrupted.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 to 3, response to order to submit financial transaction information to Korean banks, and purport of whole pleadings

2. The plaintiff asserts to the effect that the defendant was obligated to return the above amount to the plaintiff as unjust enrichment, since the defendant received a transfer of KRW 1,980,000 to the account of this case to gain profits without any legal ground, and thereby caused damage to the plaintiff.

First, as to whether the Defendant obtained a considerable amount of profit from the money transferred to the account of this case, there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it. Rather, as seen earlier, the Defendant did not withdraw the full amount of money transferred to the account of this case.

Therefore, since the defendant cannot be deemed to have obtained a benefit equivalent to the money transferred to the account of this case, the plaintiff's above assertion based on this premise is added to the remaining point.