착오에 의한 자금이체거래와 지급인의 권리
Fund Transfer Transaction by Mistake and the Right of Payor
정경영
초록
Recently we can find some cases about fund transfer which was implemented by banks in according to payor's payment order by mistake concerning the payee. For example, assume that X attempts to transfer some money from his account to B's account through electronic fund transfer system but he inputs a wrong account number(A's account) in Y bank. In this case it was debated who(A or Y bank) is enriched and responsible for returning that money. Supreme Court decisions concluded that the enriched party is not payee's bank(Y bank) but payee(A) and that the payee should return the benefit from the credit transfer to payor(X). And they also denied the payor's contention that the setoff of Y bank between his obligatory right to A and A's right from deposit in Y bank is against law. To protect the function of electronic fund transfer system and the benefit of payee of fund transfer, we need to accept the characteristic of payee's right from credit entry in bank account via fund transfer that is free from the defenses derived from the relationships between the payor and payee and the cause of the payment order to payor's bank. Therefore the decisions of the Supreme Court is proper in that sense.