1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, with the knowledge of remitting money to Defendant Donman’s name holders, wired KRW 32 million to the Defendant Agricultural Cooperative Account (C) in four times from August 6, 2010 to August 10, 2010.

B. On August 6, 2010, the Plaintiff filed a criminal complaint against the Defendant for fraud with the purport that “the Defendant, while introducing the Defendant as “D and approaching the Plaintiff, and, without having any intent or ability to repay the money, he/she would have repaid the said money to the Plaintiff within the dan-gu, Seo-gu, Incheon, by deceiving the Plaintiff with KRW 32 million of the said money within aground.” However, the Defendant was subject to a non-prosecution disposition on March 11, 2015 on the grounds as indicated in the investigation result and opinion on the attached Form 6.

【Ground for Recognition: Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion ① As the Plaintiff filed a complaint, the Plaintiff was aware of the false end of Defendant D, one of the Defendant’s false information that the Plaintiff would receive KRW 32 million interest per month, and acquired the money transferred to the Agricultural Cooperative account under the name of the Defendant, which he thought to be the account of the lender, and the Defendant was not D in the course of criminal complaint. However, the Defendant was found to have received KRW 32 million from the Plaintiff to the Defendant’s account under the name of the Defendant without any legal cause. As such, the Defendant was obligated to return the amount of KRW 32 million and its delay damages to the Plaintiff, as described in the purport of the claim.

② Claim for damages due to joint tort: The defendant is a joint tortfeasor who in collusion with the plaintiff about the above illegal act in which one of his own members D, who defrauds 32 million won from the plaintiff, or who aids and abets the above illegal act by lending the name of the above agricultural bank account while violating the Real Name Financial Transactions Act to the same person.

Therefore, the defendant.