전부금
1. The Defendant: (a) KRW 28,287,169 for the Plaintiff and KRW 5% per annum from July 18, 2015 to November 24, 2015; and (b) the Plaintiff.
1. Basic facts
A. On April 15, 2015, the Plaintiff transferred KRW 55 million to the account number E (hereinafter “instant account”) opened in the Defendant bank by a stock company A (registration number: B, representative C, and its trade name changed from D to A Co., Ltd. on March 16, 2015; hereinafter “A”).
(hereinafter “instant remittance”). (b)
On April 16, 2015, the Plaintiff visited A and demanded the return of KRW 55 million to the effect that the instant remittance was erroneous remittance. A recognized the erroneous remittance and consented to the Plaintiff’s return of KRW 55 million to the Plaintiff. However, the Defendant did not comply with the Plaintiff’s request for return.
C. The Plaintiff filed a payment order with the Seoul Northern District Court (hereinafter “instant payment order”) with the Plaintiff, as Seoul Northern District Court No. 2015 tea2310, asserting that the Plaintiff had the right to claim the return of unjust enrichment of KRW 50 million, which the Plaintiff had to transfer to D (F, representative director: G; hereinafter “D”) in the instant account by mistake, and that the Plaintiff had the right to claim the return of unjust enrichment of KRW 55 million against A. The instant payment order was issued on April 30, 2015 (hereinafter “instant payment order”). The instant payment order became final and conclusive on May 22, 2015.
On June 16, 2015, the Plaintiff was issued a seizure and assignment order (hereinafter “instant assignment order”) with the obligor A, a third obligor, a claim amounting to KRW 55 million, and a claim subject to seizure as a deposit claim owned by the Defendant Bank against the instant account by the Defendant Bank, with the title of execution of the instant payment order as Seoul Northern District Court 2015TTT10842, and the instant assignment order was served on the Defendant on June 19, 2015, and became final and conclusive around that time.
[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 9 (each number is included; hereinafter the same shall apply), the purport of whole pleadings
2. The parties' assertion
A. The plaintiff's remittance of this case to A is the remittance of this case, and 5.5.