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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 9, 2019, the representative director of the Plaintiff’s basic facts remitted KRW 30,841,046 to the account (Account Number C; hereinafter “instant account”) opened in the name of the Defendant bank by mistake while remitting the amount of goods to the customer.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Determination as to the cause of action
A. The plaintiff asserted that the plaintiff deposited money into the account of this case established in the defendant bank without any legal ground, and thus the defendant bank claims a return of unjust enrichment against the defendant bank by asserting that the amount equivalent to the amount was unjust.
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 that would be a deposit at the time when the deposit was recorded in the ledger, 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 bank, when a remitter has made a account transfer to the payee’s account saving account, the deposit contract equivalent to the amount of account transfer is established between the remitter and the receiving bank regardless of whether there exists legal relations as the cause of account transfer between the remitter and the payee, and the payee shall acquire a deposit claim equivalent to the above amount from the receiving bank.
At this time, between the remitter and the addressee.