1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff, as a harbor maintenance and repair company, has entered into a transaction with Bable Oil Co., Ltd. (hereinafter “SP”) and BP information technology and port access equipment maintenance and repair business.

B. On April 2, 2015, the Plaintiff erroneously remitted the amount of KRW 1,100,000 and KRW 3,300,000 to the Defendant Bank Account (hereinafter “instant account”) of the Nonparty Company (hereinafter “instant remittance”) to the Defendant Bank Account (hereinafter “instant account”).

C. On April 8, 2015, the Defendant set off the claim against the Defendant bank against the non-party company’s deposit with the loan claims previously held against the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 2, the purport of the whole pleadings

2. The Plaintiff, which caused the Plaintiff’s claim, remitted KRW 3,300,00 to the account of this case by mistake, and the Defendant obtained unjust enrichment equivalent to the above amount due to the error remittance, without any legal ground, and thus, the Defendant is obligated to pay the Plaintiff the above unjust enrichment amounting to KRW 3,300,000 and delay damages therefrom.

3. Determination

A. In a case where a remitter enters into a deposit account in accordance with the basic terms and conditions of deposit transactions and enters into a deposit ledger as a result of money transfer to an addressee’s deposit account, barring any special circumstance, a deposit contract equivalent to the above deposit amount between the remitter and the receiving bank is established, regardless of whether there exists a legal relationship between the remitter and the receiving bank, and the payee acquires a deposit claim equivalent to the above deposit amount to the receiving bank. In such a case, even if there is no legal relationship between the remitter and the receiving bank, even if there is no legal relationship between the remitter and the account custodian, the remitter acquires a deposit claim equivalent to the above deposit amount by account transfer.