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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. Of the counterclaims filed by the Defendant (Counterclaim Plaintiff) in this Court.
Reasons
1. Determination as to the principal lawsuit
A. 1) In the process of remitting KRW 9,900,000 to D (Account Number: IBK Bank E) that operates the “C” located in Kimhae-si, which was traded with the Plaintiff as of December 5, 2016 with the Plaintiff as of December 5, 2016, the Plaintiff, as a business operator conducting electrical construction business, etc., and the Plaintiff, as of December 5, 2016, he/she mistakenly transfers the amount of KRW 9,90,00
(2) On the other hand, the instant account was erroneously remitted KRW 9,900,000 to the bank account that the Defendant had operated and used the business entity under the trade name “C” located in Ulsan-gu G, Ulsan-gu, and the account was so-called Masp deposit account in which the ordinary deposit and the automatic loan within a certain limit are managed together with a single passbook. The deposit balance of the said account was KRW 9,311,823 prior to the instant transfer, but the said account was transferred to KRW 9,900,000 and the balance was KRW 588,177.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings
B. Determination 1 account transfer is a means of safe and prompt movement of funds at low cost through the remittance procedure between banks and bank stores. In order to facilitate the smooth handling of large amount of funds transfers among many people, a bank acting as a broker is a system that performs such act without involvement in the existence, contents, etc. of legal relations which are the cause of each change of funds.
Therefore, in a case where a cash transfer or account transfer was made, only the basic terms and conditions of deposit transaction, which serve as a deposit at the time when the deposit was recorded in the ledger, are stipulated, and barring special circumstances, such as the existence of legal relations between the remitter and the payee as to the cause of account transfer between the remitter and the payee, the remitter and the payee shall be determined.