1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

가. 주식회사 나루기술(이하 ‘나루기술’이라 한다)은 원고 및 한국토지주택공사와 사이의 ‘인천영종지구 U-City 구축’ 용역계약에 따라 원고에 대하여 가지는 용역대금채권을 2013. 12. 3. 나루기술의 채권자인 주식회사 미추홀공간지적, 주식회사 아인솔루션, 주식회사 유비트, 주식회사 이루온아이앤에스, 주식회사 크로포스아이앤씨, 주식회사 휴앤에스, 주식회사 팬톰, 주식회사 코티스, 주식회사 융창에게 양도하였고, 2013. 12. 5. 원고에게 위 채권양도사실을 통지하였다.

B. However, on December 31, 2013, the Plaintiff erroneously transferred KRW 121,902,00,000 to a service payment account (Account Number: 121-07865-5-04-153) opened at the above credit transferee.

C. Meanwhile, while at the time of the above erroneous transfer, there was no balance in the account of the Defendant’s bank account at the time of the above erroneous transfer, the Defendant held a credit card user’s claim and a credit card user’s claim of KRW 500,000,000 with respect to Nau technology, the Defendant, on December 31, 2013, offseted the balance of KRW 121,902,00 in the above deposit account by the aforesaid erroneous transfer, against the credit card user’s claim of KRW 9,283,941 and the total amount of KRW 112,618,059 out of the above loan claims of KRW 121,90,02,00 against the above deposit claim of KRW 121,90,00 in the amount equal to the above deposit claim of Nau Technology.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6 evidence, Eul's 1 and 2 evidence (each number is included; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Judgment on the defendant's main defense

A. The plaintiff's claim of this case by the 1st defendant as to the existence of the preserved claim is insolvent in order to preserve the plaintiff's claim for return of unjust enrichment equivalent to KRW 121,902,00,000, which is the amount of erroneous transmission of the Ru technology.