채무부존재확인 및 부당이득반환
1. The plaintiffs' primary claim added by this court is dismissed.
2. All appeals filed by the plaintiffs.
1. Basic facts
A. The Plaintiffs are contractors awarded contracts for the construction of railroad facilities ordered by the Korea Rail Network Authority, and Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) is the bank receiving the payment for erroneous remittance in relation to the said construction work, and Defendant Western Industry Co., Ltd. (hereinafter “Defendant Western Industry”) is the recipient of the said payment for subcontract.
B. The Plaintiffs, June 29, 2015, and
6. 30. 30. Transfer of KRW 13,854,500 to a new bank account (Account Number 140-006-699502) in the name of HAC (Account Number 140-69502), which is a subcontractor, was intended, but the above money was deposited with a new bank account (Account Number 140-06-63502, hereinafter “instant account”) in the name of the Defendant’s book industry on the ground that the Plaintiffs’ employees erroneously entered the account number in the subcontract payment confirmation system.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings
2. Judgment as to the main claim
A. In the case of the Plaintiffs’ assertion of ordinary error remittance, it can be concluded that the Defendant New Bank, the receiving bank, confirmed the intent to contact the recipient and re-transfer the amount of the erroneously transferred money to the payer, and returned the said money with the consent of the recipient.
However, this case cannot take the above procedure because it does not contact with Defendant Western Industry.
As seen in the instant case, the Plaintiffs did not enter or depart from the said account after remitting KRW 13,854,50 to the instant account, and if there are special circumstances objectively confirmed that the said KRW 13,854,500 was erroneously remitted to the money unrelated to the Defendant’s book-keeping industry, the claim to deposit KRW 13,854,50 out of the money deposited in the said account does not exist in the Defendant book-keeping industry. Therefore, the Plaintiffs confirmed that the said claim against the Defendant New Bank did not exist in the Defendant book-keeping industry.