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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The fact that the Plaintiff transferred KRW 20,77 million to the account in the name of the Defendant on March 14, 2019 (hereinafter “instant money”) does not conflict between the parties.
2. Determination on the cause of the claim
A. (1) The plaintiff's assertion has erroneously remitted the money of this case to the account held in the name of the defendant with telephone financial fraud from a person with no name. Thus, the defendant must return it to the unjust enrichment.
(2) According to the overall purport of the statements or videos and arguments on the evidence Nos. 1, 2, 5, and 14 of the judgment, the defendant transferred the money of this case to the account in the name of the defendant to the account in the name of the defendant, after having the defendant's husband C residing in China through D on March 14, 2019, when he had the defendant's husband C to exchange the money to the Korean won with E through D on March 14, 2019, after having received the money of this case transferred to the account in the name of the defendant, after deducting the money of exchange 45,000, which is the money due to E received from E, after having deducted the money of exchange 49,000, which is the money due to E from F and G account, to the account of H designated by E through I. In light of the facts that the plaintiff received the money of this case from the account in the name of the defendant to the account in the name of the defendant, the evidence of this case is not found to have received the money of this case.
It is not sufficient to recognize that it was based on the Plaintiff’s simple remittance, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's above assertion is without merit.
B. (1) The plaintiff's assertion on the claim for damages is that the defendant could have anticipated that the account in his name will be used for telephone financial fraud by illegally conducting foreign exchange transactions, and thus, the plaintiff assisted such act.