1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On June 21, 2016, the Plaintiff intended to deposit KRW 6 million with the Agricultural Cooperative Account of C, and paid the said KRW 6 million by mistake to the Agricultural Cooperative Account of D.

Accordingly, the Plaintiff filed a lawsuit against Cheongju District Court No. 2016 Ghana 201939 seeking payment of the said KRW 6 million and its delay damages as unjust enrichment return, and the said court issued a decision of performance recommendation accepting the Plaintiff’s claim on July 11, 2016, and the said decision of performance recommendation became final and conclusive on July 30, 2016.

B. After that, the Plaintiff seized and collected KRW 6,078,980 among the deposit claims against the NongHyup Bank Co., Ltd. (hereinafter “CF”) based on the decision of performance recommendation as Daejeon District Court 2016TF 9430.

However, the defendant had already seized and collected KRW 1,940,539 out of the deposit claims against the Daejeon District Court 2015 Taz. 12050.

C. Accordingly, the Daejeon District Court B’s distribution procedure (hereinafter “instant distribution procedure”) commenced. The said court distributed KRW 1,012,596 to the Defendant and KRW 3,172,083 to the Plaintiff in the order of 4,184,679 of the actual amount to be distributed on October 25, 2016.

On October 25, 2016, the Plaintiff raised an objection against the whole amount of dividends to the Defendant on the date of distribution of the instant distribution procedure.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and the purport of the entire argument by the plaintiff as to the purport of the whole argument is all the money deposited by the plaintiff in mistake into the plaintiff's agricultural bank account. Thus, it is unreasonable to distribute part of the money deposited by mistake to the defendant in the distribution procedure of this case.

Therefore, the correction of the distribution schedule is sought, such as the entry of the purport of the claim, so that all of the dividend amount against the defendant can be distributed to the plaintiff.

Judgment

Although the Plaintiff deposited money into the Nonghyup Bank's account, D acquired deposit claims equivalent to the amount of deposit against the Nonghyup Bank, and the Plaintiff shall claim for the return of unjust enrichment against the Nonghyup Bank.