Whether the defect in the cause of the account transfer affects the validity of the account transfer or whether the account transfer affects the validity of the account transfer between the payee and the receiving bank (negative)

Articles 105 and 702 of the Civil Act

Plaintiff

Korea

Cheongju District Court Decision 2003Na4427 Delivered on September 8, 2005

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

We examine the grounds of appeal.

In the case of the account transfer, which is a kind of account transfer system that causes the effect of receiving cash through the account transfer opened at a financial institution without direct cash transfer, the deposit relationship between the payee and the receiving bank is established when the funds are transferred to the account of the recipient through the account transfer instruction by the account transfer requester. Although the legal relationship that causes the account transfer between the account transfer requester and the receiving bank was not established from the beginning or when the legal relationship between the account transfer requester and the receiving bank terminates for a certain reason after the fact, barring any special circumstance, the defect in such cause cannot affect the validity of the account transfer or the account relationship between the payee and the receiving bank.

In this regard, the court below is just in rejecting the Plaintiff’s assertion that the attachment disposition against the Plaintiff’s deposit claims on the above deposit account is valid within the extent of the deposit amount at the time when the notice of attachment was served to the Industrial Bank of Korea, considering that the Plaintiff’s error in the transaction partner of the account transfer and transferred the funds to the Industrial Bank of Korea of the non-party corporation (hereinafter “non-party corporation”) without any cause, because the Industrial Bank of Korea obtained deposit claims on the above deposit account in accordance with the Plaintiff’s notice of transfer from the National Agricultural Cooperative Federation requested by the Plaintiff’s account transfer by mobile banking, and the non-party company acquired deposit claims on the above deposit account to the Industrial Bank of Korea. Thus, the attachment disposition on the above deposit claims on the non-party company’s account due to a disposition on default against the Plaintiff’s transfer was made effective within the extent of the deposit amount at the time when the notice of attachment was served to the Industrial Bank of Korea, including the considerable portion of the Plaintiff’s transfer funds. In so doing, the

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ran (Presiding Justice)