(영문) 수원지방법원 2015.05.21 2014가단65362



1. The plaintiff's claims against the defendants are all dismissed.

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


1. Basic facts

A. The Plaintiff deposited KRW 110,000,000 in mistake in the deposit account (C) of the Malaysia Co., Ltd. (hereinafter “C”) in the Bank of Korea.

B. On August 15, 2014, the Plaintiff filed an order to pay KRW 110,000,000,000,000,000, which was paid by mistake against Malaysia, and received a payment order issued by Yangsan District Court Decision 2014Hu727, Yangsan District Court. Based on the above payment order, the above payment order was finalized on August 15, 2014. On August 28, 2014, the Plaintiff, the debtor, the debtor, and the third debtor bank (Ulsan District Court 2014Gulsan District Court 20519).

C. Meanwhile, in relation to the default of national taxes of Malaysia, Defendant A seized or provisionally seized the deposit claims against the Bank of Korea (Cheongju District Court 2014Kadan2640) in order to preserve the wage claims against Malaysia (Cheongju District Court 2014Kadan2640).

C. Our Bank deposited KRW 67,988,545, excluding KRW 42,001,455, out of KRW 1100,000,000,000 for 100,000 for reasons of attachment competition, etc., as Seoul Central District Court deposited KRW 20075,000 for 67,988,545,000 for us.

On November 10, 2014, the Suwon District Court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) with respect to the said deposit in which the amount of KRW 61,457,945 is distributed to Defendant A as a seizure authority and the amount of KRW 6,530,238 to Defendant A as a first (wages creditors) and the amount of KRW 61,457,945 to Defendant Republic of Korea as a seizure authority and not distributed to the Plaintiff (hereinafter referred to as “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends to the Defendants, and filed a lawsuit of demurrer against distribution on November 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap1 to 13 evidence (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.