WinScp always overwrite when uploading an existing file

As the title indicates WinScp always overwrite a remote file no matter what the defined "Transfer Settings" option | setting is defined.

Everytime that I try to upload a file, it is copied even if it is already present...

Tested all the existing flags and presets always with the same "copy always" behaviour.

Using the latest 5.17.7 version on Windows 10.

Although noticed that the timedate of the server is one hour earlier.
could it be the cause of this strange behaviour ?

More details :
Server protocol information:
Remote system = FreeBSD aaaa.local 12.1-RELEASE-p7 FreeBSD 12.1-RELEASE-p7 #0 r343211M: Mon Jul 20 16:59:25 CEST 2020 root@dev.zoon01@xigmanas.com:/usr/obj/xigmanas/usr/src/amd64.amd64/sys/XIGMANAS-amd64 amd64
File transfer protocol = SCP
Cryptographic protocol = SSH-2
SSH implementation = OpenSSH_8.2 FreeBSD-openssh-portable-8.2.p1_1,1
Encryption algorithm = AES-256 SDCTR (AES-NI accelerated)
Compression = No
-------
Can change permissions = Yes
Can change owner/group = Yes
Can execute arbitrary command = Yes
Can create symbolic/hard link = Yes/Yes
Can lookup user groups = Yes
Can duplicate remote files = Yes
Can check available space = No
Can calculate file checksum = No
Native text (ASCII) mode transfers = No
File transfer protocol : SCP

Please attach a full session log file showing the problem (using the latest version of WinSCP).

As requested here ( in attach ) the log ...

Nonetheless re-installed ( cleaning up everything from the previous install) and noticed that the issue that I am reporting is happening when executing the copy and sending to the "background"only .

In "Non Background" mode it asks if a directory is already present or not ...
But even then if tramples ( copies over ) any file equally present .

mmako wrote:

Nonetheless re-installed ( cleaning up everything from the previous install) and noticed that the issue that I am reporting is happening when executing the copy and sending to the "background"only .

If you want confirmations for background transfers, uncheck No confirmations for background transfers:
https://winscp.net/eng/docs/ui_pref_background

In "Non Background" mode it asks if a directory is already present or not ...
But even then if tramples ( copies over ) any file equally present .

That's a limitation of SCP. Switch to SFTP protocol for better behaviour.