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1. The Defendant Young-gu Co., Ltd. shall pay to the Plaintiff KRW 13,750,000 and its amount from June 24, 2016 to the date of full payment.
Reasons
1. On March 10, 2016, the Plaintiff’s accounting staff remitted money to the clients on March 10, 2016, to the Defendant Han Bank account (hereinafter “Defendant Han Bank”) account (hereinafter “Defendant Han Bank”) of the Defendant Young Bank Co., Ltd. (hereinafter “Defendant Young Bank”) (hereinafter “Defendant Young Bank”) (hereinafter “instant account”).
[Based on the recognition] Defendant Young-gu: The Defendant Han-gu Bank: the absence of dispute, Gap evidence Nos. 2, 3 and 5
2. According to the facts of recognition as to the claim against the Defendant Young-gu Company, the Defendant Young-gu Company is obligated to refund to the Plaintiff the amount of KRW 13.75 million deposited in the instant account without any legal cause and damages for delay calculated at the rate of 15% per annum from June 24, 2016 to the date of full payment, which is the day following the delivery of the copy of the instant complaint, as unjust enrichment.
3. Determination as to the claim against Defendant Han Bank
A. (1) The Plaintiff asserts that the money deposited in the instant account opened in Defendant Han Bank due to the Plaintiff’s mistake was unjust enrichment and sought a return of unjust enrichment against Defendant Han Bank.
(2) The account transfer is a method for safe and prompt movement of funds at low cost through the remittance procedure between banks and bank stores, and for the smooth handling of large amounts of funds among many people, the bank acting as a broker is a system for performing such act without involvement in the existence, contents, etc. of legal relations which are the cause of each change of funds.
Therefore, in case of cash transfer or account transfer, it is only stipulated in the basic terms and conditions of deposit transaction that will be a deposit when the deposit is recorded in the deposit ledger, and there is a legal relationship that is the cause of account transfer between the remitter and the payee.