A. The Defendant heard that the Plaintiff’s husband C may purchase a vehicle at a discounted price, and deposited KRW 178,400,000 in total over ten times from December 30, 2014 to June 15, 2015 under the name of the Plaintiff’s husband, in the deposit account in the name of the Plaintiff.

B. C did not supply a vehicle to the Plaintiff, and the loan was not repaid.

C. The Defendant filed an application for payment order with the Seoul Northern District Court 2015 tea5795 against the Plaintiff on the ground that the said KRW 178,400,000 was deposited in the Plaintiff’s name and the Plaintiff unjust enrichment, and the said decision became final and conclusive on November 14, 2015 due to the Plaintiff’s failure to raise an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff merely allowed the Plaintiff to use the Plaintiff’s passbook as the party with bad credit standing, and did not gain profit from the proceeds of the crime. Therefore, the Plaintiff did not bear an obligation to return unjust enrichment equivalent to the amount deposited by the Plaintiff’s passbook against the Defendant, and the enforcement based on the instant payment order shall be denied.

B. The Plaintiff acquired a deposit claim against the bank upon the transfer of the Defendant’s money to the deposit account in the name of the Defendant, and the Defendant, who remitted, holds a claim for return of unjust enrichment equivalent to the money remitted to the Plaintiff.

Even if it is not so, the plaintiff provided C with the plaintiff's deposit account, and assisted C's illegal act by remitting money deposited in accordance with C's instructions, and the plaintiff has the damage claim against the defendant.

3. Determination

A. In the case of a final payment order, the reason that the payment order was not established or invalidated before the issuance of the payment order can be asserted in a lawsuit of objection against the payment order, and Articles 58(3) and 44 of the Civil Execution Act are stipulated.