1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On May 9, 2019, the Plaintiff was urged by a person under a false name who assumes the name “enterprise bank D’s D agency,” that the Plaintiff would carry out the lending of the E-bok Fund, along with the repayment of the loan, if the Plaintiff deposits money to a designated account after obtaining the loan from another financial institution as it is possible to obtain the loan only with a transaction record.

On May 9, 2019, the Plaintiff, as designated by the above winners of the name cards, remitted the F card loan of KRW 24.5 million to Defendant B’s account under Defendant B’s name, and KRW 20 million to Defendant C’s account on the same day.

However, the above-mentioned person was not an employee of the corporate bank, and there was no intention or ability to implement the loan to the plaintiff.

The above money deposited in the Defendants’ account was fully withdrawn by the nameless winners at that time.

Meanwhile, Defendant B’s account in the name of H on May 13, 2019 was deposited with KRW 16.7 million. On the same day, the said KRW 16.7 million was suspended pursuant to Article 4(1) of the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and the Refund of Damages, and KRW 9,936,398 out of the said money was refunded to H, respectively, to the Plaintiff, and KRW 6,72,974 out of the said money.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 5 (including each number), and the purport of the whole pleadings, as a whole, the plaintiff asserted the purport of the whole pleadings, and the plaintiff transferred money to the defendant's account under the name of the defendants without any legal ground, by being subject to the crime of Bosphishing fraud from a person who has no name

Therefore, Defendant B, upon return of unjust enrichment, has the obligation to pay the Plaintiff the remainder of KRW 14,563,602 (=24,50,000 - 9,936,398), Defendant C, as well as damages for delay on each of the above money, except the above recovered amount, to the Plaintiff.

The Defendants also assume the transactional performance to implement a low interest loan from a person who assumes a false name-displacement of “I director”.