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1. The defendant's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the defendant.
purport, purport, and.
Reasons
1. Determination on the cause of the claim
A. When a remitter of the relevant legal doctrine has transferred a deposit account to an addressee’s deposit account, a deposit contract equivalent to the amount of the account transfer between the remitter and the receiving bank is established, regardless of whether there is a legal relationship between the remitter and the receiving bank, and the payee acquires a deposit claim to the receiving bank equivalent to the above amount. In such case, even though there is no legal relationship between the remitter and the receiving bank, where the payee acquired a deposit claim equivalent to the amount of the account transfer by account transfer even though there is no legal relationship between the remitter and the receiving bank, the remitter is entitled to claim the return of unjust enrichment equivalent to the above amount against the payee (see, e.g., Supreme Court Decision 2007Da51239, Nov. 29, 2007).
Judgment
In full view of the purport of the arguments in Gap evidence Nos. 1 and 2, the plaintiff requested on March 31, 2015 to deposit KRW 3 million with C’s account (Account Number D, Account Book C) at the NA branch office of the National Agricultural Cooperative Federation. Meanwhile, the above account is not C but with the bankrupt's case transfer company (hereinafter referred to as the "Case A"), and the officers in charge of the above branch deposited without confirming the name of the deposit owner. The fact that Eul was declared bankrupt on February 14, 2011 and the defendant was appointed as the trustee in bankruptcy. According to the above facts, although there was no legal relationship causing account transfer between the plaintiff and Eul, the plaintiff is liable to pay KRW 3 million with the trustee in bankruptcy, since the defendant acquired the deposit claim equivalent to KRW 3 million with the trustee in bankruptcy, the defendant is liable to pay the amount of unjust enrichment to the plaintiff.
2. Judgment on the defendant's assertion
A. The defendant, on behalf of the plaintiff C, has part of C's debts of KRW 130,632,630.