1. The part of the Plaintiff’s lawsuit against the Defendant New Bank is dismissed.

2. The plaintiff's defendant.

1. Basic facts

A. The plaintiffs are joint contractors that receive contracts for construction of railroad facilities ordered by the Korea Rail Network Authority.

B. On June 29, 2015 and the following day, the Plaintiffs attempted to transfer KRW 13,854,500 to the account of HAC Co., Ltd. (New Bank: 140-06-69502 and HAC: the Depositee: the Depositee: the Depositee: the Depositee: 140-06-63502). However, the deposit was made to the account of HAC Co., Ltd. (the Depositee: the Depositee: 140-06-63502).

The reason is that the plaintiffs' employees entered the account number of HAC Co., Ltd. in the "subcontract Payment Confirmation System".

C. At present, the account of the Western Industry Co., Ltd. is not used, and there is money that the Plaintiffs wrongfully remitted.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-3, the purport of the whole pleadings

2. Judgment as to the main claim

A. Whether the lawsuit seeking confirmation is lawful or not (1) The lawsuit seeking confirmation of the plaintiffs’ assertion is not necessarily limited to the legal relationship between the parties, but can also be subject to the legal relationship between one of the parties and a third party or between a third party.

In general, it is possible to seek a judgment that is based on the conditions in a lawsuit, but it is possible to seek a judgment that is based on the condition in a lawsuit.

In this case, it is possible to seek a judgment on the premise of the fulfillment of the terms and conditions in the lawsuit between Defendant New Bank Co., Ltd. and Defendant Western Industrial Co., Ltd., based on the legal relations (existence of deposit claims) between Defendant New Bank Co., Ltd. and Defendant Western Industrial Co., Ltd.., and thus, it is possible to seek a claim for performance against Defendant New Bank on the premise of the confirmation of

(2) The lawsuit for confirmation of judgment does not necessarily correspond to the legal relationship between the plaintiff and the defendant, and the plaintiff and the defendant.