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1. The Defendant shall pay to the Plaintiff KRW 20,00,000 as well as 2% per annum from July 27, 2019 to the day of complete payment.
Reasons
1. The assertion and judgment
A. According to the evidence No. 1-1-3, the Plaintiff transferred KRW 20 million to a bank account (Account Number H) in the name of G Co., Ltd. established in the F Bank on February 28, 2018, and due to mistake, it can be acknowledged that the Plaintiff transferred the amount to the bank account (Account Number J and hereinafter “instant account”) established in I in the name of the Defendant due to mistake.
B. The account transfer is a means 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 amount of funds transfer 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.
In this case, even if there is no legal relationship between a remitter and a payee for account transfer, if the payee acquires a deposit claim equivalent to the amount of account transfer by account transfer even though there is no legal relationship between the remitter and the payee, the remitter is equivalent to the above amount.