1. The plaintiff's claim is dismissed.

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

1. Under the underlying facts, the Plaintiff opened and used an account under the deposit transaction contract with the Defendant. On December 31, 2005, the Plaintiff remitted total of KRW 33,498,960 over six times to the account in the name of C (D) opened by account transfer on December 31, 2005, and deposited money as it is. The Defendant’s offset of the amount transferred as above against the Defendant’s claim against C may be recognized according to each of the aforementioned statements: (a) there is no dispute between the parties, or there is no evidence between the parties, and (b) evidence Nos. 4, 5, 6-1, and 2.

2. The assertion and judgment

A. The plaintiff asserts that the transfer of the money to the account under the name of E was erroneously remitted to the account under the name of C, and that the defendant should return the amount equivalent to the above money as unjust enrichment since the defendant offsets the defendant's claim against C.

B. The written evidence Nos. 1 through 7 alone is not clear whether the Plaintiff caused a mistake as alleged by the Plaintiff.

Furthermore, even if the Plaintiff actually caused mistake, in the case of a bank account transfer, which incurs the effect of receiving cash through the account transfer opened in a financial institution without direct cash transfer, the deposit relationship between the payee and the receiving bank is established when the funds are transferred to the account of the receiving bank through the bank and the receiving bank (C) in accordance with the account transfer order by the account transfer requester (the Plaintiff). Although the legal relationship causing account transfer between the account transfer requester and the receiving bank is not established from the beginning or the legal relationship between the account transfer requester and the receiving bank ceases to exist after a certain reason, barring any special circumstance, the defect in such cause relationship cannot affect the validity of account transfer or the deposit relationship between the payee and the receiving bank. Thus, Supreme Court Decision 2007Da51239 Decided November 29, 2007, etc.