1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 23, 2012, around 14:44, the Plaintiff transferred the amount of KRW 12 million to the Defendant’s account (Account Number: 602-13-037297) of the Hansan-ro Limited Liability Company.

B. The Plaintiff originally intended to remit the royalty to the Defendant, but, due to an error, wrongfully remitted it to the Defendant’s account of the limited liability company, the Plaintiff returned KRW 12 million to the Defendant’s account of the limited liability company. However, the Defendant rejected it.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The gist of the plaintiff's assertion is due to mistake that the plaintiff remitted the amount of KRW 12 million to the Hansan-ro Limited Liability Company. Therefore, the defendant is obligated to return it as unjust enrichment.

Even if it is not so, if the head of the defendant's Nam-dong Branch's building site will bring about the plaintiff a favorable judgment against the Hansan-ro Limited Liability Company, he/she is obligated to return KRW 12 million, so that he/she shall return KRW 12 million.

3. Determination

A. The account transfer of judgment on a claim for return of unjust enrichment is the means of safe and prompt transfer of funds at low cost through the remittance procedure between banks and bank stores, and the bank that acts as a broker for the smooth handling of large amount of funds transfer among many people 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 agreement that the deposit contract between the payee and the receiving bank should be determined on the basis of whether there exists a legal relationship, which is the cause of the account transfer between the client and the receiving bank, exists, the transferring requester shall make the account transfer to the payee’s deposit account.