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Reasons
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(영문) 서울중앙지방법원 2014.10.14 2014가합526484
추심금
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1. The defendant shall pay 120,000,000 won to the plaintiff and 20% per annum from May 14, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. B (the representative director C; hereinafter “B”) requested the Plaintiff’s remittance and return, the account number of the Defendant bank “D” (hereinafter “D”) was opened and used in the instant account. The Plaintiff wired KRW 120,000,000 to the instant account on November 18, 2013.

However, on the 20th of the same month, the Plaintiff sent to the Defendant Bank a content-certified mail to the effect that “the said money is remitted to E (the representative: F; hereinafter “E”) but the account number was erroneously transmitted to B, and thus the return is requested.”

B On January 20, 2014, the Defendant bank sent to the Defendant bank a letter of objection to the Plaintiff’s request for cooperation by content-certified mail.

B. As of December 17, 2013, the Defendant Bank held against B a loan claim of KRW 1,433,738,810 in total with principal as of December 17, 2013. Around October 2013, the Defendant Bank lost the interest due period and the said loan claim becomes due.

Accordingly, on December 17, 2013, the Defendant bank sent to B a set-off notice stating that “The claim for the above loan shall be offset by the deposit claim of KRW 120,000,000 deposited in the instant account on December 27, 2013.”

C. The Plaintiff’s claim seizure and collection order against B seeking a return of unjust enrichment of KRW 120,00,000 deposited in the instant account. The Plaintiff provisionally attached the deposit claim against B with the instant account held by the Defendant bank with the execution bond.

On February 14, 2014, the payment order was issued by Incheon District Court 2014 tea975, and the same year.

3. 8. Finality has been made.

On March 27, 2014, the Plaintiff was issued a provisional seizure transfer and collection order by the Incheon District Court 2014TT 9742, based on the above payment order, and the said order was served on the Defendant bank on April 1, 2014.

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