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1. The plaintiff's lawsuit against the Industrial Bank of Korea shall be dismissed.
2. Defendant B Co., Ltd. shall be KRW 4,928,000 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who runs the construction business under the name of “C” and the Defendant B Co., Ltd. (hereinafter “Defendant Company”) supplies windows, glass, and hardware, etc. The Defendant Industrial Bank of Korea (hereinafter “Defendant Bank”) is a bank that trades the Defendant Company.
B. On November 30, 2017, the Plaintiff transferred the price of supply of KRW 4,928,000 to an account designated by Nonparty D (Defendant bank E), the Plaintiff’s account F in the Defendant Company’s account is deemed to be the instant account due to mistake while transferring the amount of supply to Nonparty D’s account.
Ro Account Transfer
hereinafter referred to as "the error remittance of this case"
C. Meanwhile, on October 23, 2017, based on Article 41(1) of the National Tax Collection Act, etc., the Gyeonggi Mine District Tax Office: (a) seized the instant account at KRW 1,396,220,340, based on the amount of seizure (hereinafter “instant attachment”).
A. At that time the notice was given to the Defendant Bank, and the indication of the seizure claim is as follows. The amount until the amount in arrears (including increased additional charges and expenses for disposition on default to be incurred in the future) including the amount to be deposited at present and in the future in connection with the account of this case held by the Defendant Company by the Defendant Company, 【The amount in arrears, including the increased additional charges and expenses for disposition on default
2. The assertion and judgment
A. (i) On the claim for return of unjust enrichment against the Defendant Company, the account transfer is a means of safe and prompt transfer of funds at low cost through the remittance procedure between banks and between bank stores, and for the smooth handling of large amount of funds transfer among many people, the bank acting as a broker is a system in which the bank performs such act without involvement in the existence and content of legal relations, which are the cause of each change of funds.
Therefore, in case of cash transfer or account transfer, it is only stipulated in the basic terms and conditions of deposit transaction that will be a deposit when the deposit is recorded in the deposit ledger, and it is between the payee and the bank.