배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 26, 2014, the Plaintiff deposited KRW 4,761,600 in the account (Account Number C) opened in the name of Defendant National Bank Co., Ltd. (hereinafter referred to as Defendant Bank). As to the above B, the Defendant Yoon Jin Industry Co., Ltd. (hereinafter referred to as Defendant Yoon Jin Industry) obtained the right to seize and collect the claim amounting to KRW 2,50,000,000,000, which the debtor B had against the Defendant National Bank based on the seizure and collection order of the claim amounting to KRW 2,50,000,000,000,000, which became final and conclusive around that time.
The Plaintiff requested the Seoul Western District Court to order the seizure and collection of the claim amounting to KRW 4,984,900 against the Defendant National Bank as the Defendant National Bank, designating the debtor B and the third debtor as the Defendant National Bank, and requesting the seizure and collection order against the Defendant National Bank as the Seoul Western District Court. The above order was served on the Defendant National Bank on December 15, 2014.
On January 6, 2015, Defendant National Bank requested a certified judicial scrivener to deposit KRW 4,763,477 of this Court in 2015 on the ground of the foregoing concurrent seizure.
Accordingly, the court commenced the distribution procedure A and made a distribution for KRW 4,766,741 (=deposit KRW 4,763,477) less KRW 10,650,09, which would be distributed on March 6, 2015 (=Deposit KRW 4,763,477, KRW 3264).
In the dividend procedure above, Defendant National Bank received KRW 150,00 of the enforcement cost in the first order, and as to KRW 4,606,091 in the remainder, Defendant Yoon Jin Industry received KRW 1,538,461 in proportion to the amount of claim in the order of priority between the Plaintiff and the Plaintiff and the Plaintiff received KRW 3,067,630 in the same way.
[Reasons for Recognition: Facts without dispute; Evidence A; Evidence A; Evidence A; Evidence B No. 1; Evidence B; Evidence B No. 1, 2, and 3; Purport of the whole pleadings]
2. The Plaintiff’s assertion is determined by the following: (a) the Plaintiff’s transfer of money, which was the basis of the Plaintiff’s claim during the instant court A distribution procedure, to “E (G)” was made by mistake and deposit into the Defendant’s Bank B account; and (b) the money distributed to the Defendant’s National Bank or the Defendant’s Yoon-jin industry is all distributed.