1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, except for the case after being examined as set forth in paragraph (2) (No. 2, No. 11 to No. 3, No. 15 to No. 4, No. 3, No. 14), and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) Defendant B is dismissed as “Co-Defendant B of the first instance trial” (hereinafter “Defendant B”), and “Defendants” are respectively dismissed as “Defendant and B”.

B. On the 4th judgment of the court of first instance, the 10th to 14th judgment shall be followed as follows.

“If an addressee acquires a deposit claim equivalent to the amount of the account transfer through a account transfer even though there is no legal relationship between the remitter and the addressee, the remitter is entitled to claim the return of unjust enrichment equivalent to the amount of the account transfer to the addressee (see, e.g., Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). However, the unjust enrichment system imposes the duty of return on the benefiting party based on the principle of fairness in a case where the benefiting party’s property gains do not have a legal ground. However, if the benefiting party does not have a substantial benefit, the benefiting party cannot be held liable to return the said benefits. Thus, in order to gain the benefiting from the account deposited in his/her own name, it should be recognized that the benefiting party was in a situation that can actually be controlled.

(see Supreme Court Decision 2010Da37325, 37332, Sept. 8, 201). The Plaintiff wired KRW 37,500,00 to the account in the name of the Defendant to the account in the name of the Defendant, as seen earlier. However, it is difficult to recognize that the fact alone was the actual beneficiary of benefits when the Defendant could actually control KRW 37,50,000 deposited to the account in the name of the Defendant.