1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The fact that there is no dispute over recognition, and according to the statements in Gap evidence 2-1 and 2, the plaintiff transferred KRW 70 million from the plaintiff's bank account to the defendant's bank account at around July 5, 2018 due to Internet banking around 18:19:33, to the defendant's bank account at around July 5, 2018.

2. The assertion and judgment

A. Determination as to the primary cause of claim 1) Since an employee of the Plaintiff’s assertion erroneously entered his/her account that he/she would transfer money to another company, the Defendant is obligated to return the above KRW 70 million, which he/she received without any legal cause, to the Plaintiff in unjust enrichment. (A) Article 741 of the Civil Act provides, “A person who obtains profits from another’s property or labor without any legal cause and thereby causes damage to another person shall return such profits.” The party bears the burden of proving that there is no legal cause in the case of the so-called unjust enrichment for the return of benefits, which is claimed by one of the parties to the claim for the return of the benefits, on the ground that the said benefits did not have legal cause. In such cases, it is difficult to prove that the person seeking the return of unjust enrichment, along with the existence of the fact causing the act of payment, has become void, cancelled, etc., and there is no evidence to prove that the Plaintiff remitted money to the Defendant on the ground that there was no other ground for the act of payment from the beginning.

(1) D. D.