1. The plaintiff's claim is dismissed.

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

1. On May 30, 2016, the Plaintiff wired KRW 5,000,000 to one bank account in the name of C (Account Number D; hereinafter “instant account”) due to mistake in the course of remitting the price to the Guro Ambdo Co., Ltd. on May 30, 2016, and wired KRW 2,041,80 to the instant account by mistake on August 23, 2016.

(F) The Plaintiff received KRW 1,178,000,000 out of the amount of the instant mistake sent on February 17, 2017, after verifying the remittance and receiving money from C. However, the Plaintiff was seized to receive the instant account.

With respect to the instant wrongful remittance, the Plaintiff filed an application for the payment order with the Incheon District Court No. 2017 tea1707 against C, and the said court issued C, April 10, 2017, a payment order ordering C to pay KRW 5,863,800 and delay damages therefor. The said payment order was finalized on May 17, 2017.

On July 28, 2017, the Plaintiff, with the title of execution of the above payment order, designated the debtor C and C as a single bank, and received a seizure and collection order as the Incheon District Court 2017TTTT 17571.

Meanwhile, on April 26, 2016, the Defendant, based on the enforcement title of KRW 5,866,321 against C, issued a seizure and collection order as Seoul Southern District Court 2016TTTT 2013 on April 26, 2016.

Accordingly, on December 15, 2017, Han Bank deposited KRW 5,793,919 in the balance of the instant account, and the distribution procedure was initiated in Seoul Southern District Court B with respect to the said deposit (hereinafter “instant distribution procedure”). On December 15, 2017, the distribution court drafted a distribution schedule with the content that the Defendant distributes KRW 1,50,000 to C, KRW 2,140,809 to the Defendant, and KRW 2,139,89 to the Plaintiff.

The Plaintiff appeared on the date of distribution of the instant distribution procedure, and stated an objection to the whole amount of the said dividend to the Defendant, and filed a lawsuit of demurrer against the distribution on December 19, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and pleadings.