1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 18, 2013, the Plaintiff sent KRW 120,00,00 to the Defendant Bank’s deposit account (Account Number D; hereinafter “instant account”) of the Defendant Bank (the representative director: C; hereinafter “B”) on November 18, 2013, and sent on November 20, 2013, the Plaintiff sent the money to the Defendant Bank to E (F: F: hereinafter “E”) and requested the return of the money because the money was wrongfully transferred to B with the account number affixed. On January 20, 2014, the Plaintiff sent the Defendant Bank a written public notice of request for the return.

B. As of December 17, 2013, the Defendant bank had a claim for loans of KRW 1,433,738,810 in total, as of December 17, 2013, and around October 2013, the Defendant bank sent a set-off notice to B, on December 17, 2013, stating that “The foregoing loan claim shall be offset by the deposit claim of KRW 120,000,000, which was deposited into the instant account on December 27, 2013, on the ground that the payment period for the above loan claim has expired due to the delinquency in payment of interest, as of October 2013.” On December 6, 2014, the Defendant bank sent the same set-off notice to B by ordinary mail, but was returned on the ground that the director was missing.

C. The Plaintiff filed an application against B for a payment order claiming return of KRW 120,000,000 deposited in the instant account as unjust enrichment, and attached the deposit claim against B against the Defendant bank with the execution bond as the claim for return of unjust enrichment.

Accordingly, the payment order was issued on February 14, 2014 by Incheon District Court 2014j975, and it was finalized on March 8, 2014.

On March 27, 2014, the Plaintiff, based on the above payment order, received a provisional seizure transfer and collection order under the Incheon District Court 2014TTT 9742, and the said order was served on the Defendant bank on April 1, 2014.