공탁이행
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 18, 2017, the Defendant was rendered a ruling of provisional attachment of claims against credit card companies, such as the debtor C’s D Co., Ltd. (hereinafter “instant claim”) by the Busan District Court Branch Branch Decision 2017Kadan1579 on October 18, 2017.
On July 4, 2018, the Defendant filed a lawsuit against C with the same court No. 2017 Ghana 21031, and rendered a judgment of provisional execution that “the Defendant shall pay to the Plaintiff KRW 14,662,580 and damages for delay.”
C appealed from the above judgment and the appeal is in progress with respect to the defendant's claim for the price of goods.
On August 2, 2018, upon the judgment of provisional execution, the Defendant received the seizure and collection order of the claim to transfer the provisional seizure to the Busan District Court Branch Branch of Busan District Court (2018TTTT 6576). On August 10, 2018, the Defendant collected KRW 14,662,580 from the third debtor on August 10, 2018, and submitted the collection report to the Busan District Court Branch of the Busan District Court on August 17, 2018.
B. On August 10, 2018, the Plaintiff received a seizure and collection order from the Changwon District Court Branch Branch 2018TTT 3238 with respect to the instant claim, and the Plaintiff served the credit card company, which is the garnishee, on August 16, 2018.
C. On September 7, 2018, the Plaintiff filed an application for demand for distribution regarding the Defendant’s case of the seizure and collection order.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to Eul evidence 3, the purport of whole pleadings
2. Determination:
A. The plaintiff's assertion is not a final judgment but a final judgment, and the defendant receives the collection money from the third debtor after receiving the provisional seizure and collection order. Thus, the defendant bears the obligation to deposit the collection money.
The defendant shall be liable to deposit the collection money pursuant to Articles 23, 247 (1) 2 and 236 (2) of the Civil Execution Act.
B. The Defendant, upon judgment of provisional execution, received a seizure and collection order.