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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 21, 2017, the Plaintiff: (a) remitted KRW 15,891,920 to the Defendant bank account (Account Number: D; hereinafter “instant account”); (b) around that time, the Plaintiff submitted a written statement to the Defendant bank stating that “The details of the instant remittance due to the mistake of transfer due to the same trade name: E, business number: F, representative G, and actual account to be sent: H bank GI.”
B On July 28, 2017, the Defendant bank submitted the written consent of return payment that “I consent to return to the remitter, since I corporation deposited 15,891,920 won in our account established in the corporate bank as of July 21, 2017, as it was not superior to us, since I corporation closed its business in September 2016.”
B. On October 25, 2017, the Plaintiff: (a) had a claim for return of unjust enrichment of KRW 15,891,920 deposited in the instant account due to erroneous remittance; and (b) drafted an authentic deed of a debt repayment contract (quasi-loan for consumption) on the ground that the Plaintiff had a claim for return of unjust enrichment of KRW 15,891,920 deposited in
After that, on November 10, 2017, the Plaintiff received an order of seizure and assignment of the claim against the instant deposit claim of KRW 15,891,920 from the Defendant Bank, with the title of execution of the Notarial Deed as the title of execution.
(Seoul Central District Court 2017TTTTT 115938). The originals of the above credit seizure and assignment order were reached on November 15, 2017 to the defendant bank, the garnishee, and it was finalized on December 15, 2017.
C. Meanwhile, as of July 24, 2017, the Defendant bank held a loan claim of KRW 133,489,634 in total, including the principal amount of KRW 122,014,425, interest KRW 11,475,209, as of July 24, 2017, and the repayment period of the loan claim became due on September 24, 2016 by the Defendant bank lost the benefit due to delinquency in interest.
For this reason, the defendant bank was called "B corporation on July 27, 2017."