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(영문) 서울중앙지방법원 2015.03.25 2014나34910

부당이득금반환 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 13, 2014, the Plaintiff bank received a request from the course of the Defendant bank to transfer KRW 1,173,051 to the account (Account Number B) opened in the name of the business partner of the said company, and at around 15:17 of the same day, the Plaintiff bank transferred KRW 1,173,051 to the account (Account Number D; hereinafter “the instant receipt account”) opened in the name of the Defendant bank in the name of the wind that the employee in charge erroneously enters the account number in the course of performing the above remittance business.

(hereinafter “instant remittance transaction”). B.

Plaintiff

The employee of the Bank did not cancel the remittance transaction of this case due to the wrongful message "I cannot deposit due to any other reasons", although I want to cancel the remittance transaction on several occasions from 16:25 to 16:25 of the same day after becoming aware of the above fact.

C. Accordingly, as a result of the Plaintiff bank’s employees who were in charge of the instant receipt account, sought an advice to cancel the instant remittance transaction by cancelling the registration of seizure of the instant receipt account, the Defendant bank rejected the seizure of the instant receipt account unless the seizure of the instant receipt account is cancelled.

Plaintiff

On February 14, 2014, the bank transferred KRW 1,173,051 to the account (Account Number B) opened in the name of the defendant bank A with the funds of the plaintiff bank.

E. The remittance transaction, such as the instant remittance transaction, is electronically processed through the financial computer system, which is a joint exchange network, through which financial institutions such as the original defendant participate, and between financial institutions through the financial settlement center on the following business day of the transaction.