배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 8, 2017, the Plaintiff: (a) erroneously wired KRW 158,587,614 to the account in the name of Nonparty D Co., Ltd. (hereinafter “E”); (b) (c) (hereinafter “E”).
Accordingly, the Plaintiff filed a lawsuit against Nonparty Company seeking unjust enrichment with Seoul Southern District Court Decision 2017Da227947, and was sentenced to a judgment in favor of the Plaintiff on September 12, 2017, and the said judgment became final and conclusive on September 28, 2017.
(hereinafter referred to as "relevant judgment"). (b)
Meanwhile, on January 5, 2017, the Defendant: (a) received an order of seizure and assignment as to KRW 200 million of deposit claims paid or to be paid in the future among the deposit claims against Nonparty Company E by Seoul Southern District Court Decision 2017TTTT108, which became final and conclusive on March 3, 2017.
(hereinafter “instant seizure and assignment order”) C.
Plaintiff
In addition, on October 13, 2017, the enforcement title of the relevant judgment was issued with respect to the deposit claim against the non-party company E by Seoul Southern District Court 2017TTTT10994, which was served on October 18, 2017.
He deposited deposit and interest in the non-party company E account with Seoul Southern District Court 2018Hun-35, May 18, 2018, the Seoul Southern District Court deposited KRW 162,210,402 out of the amount of 168,766,582 (hereinafter “instant dividends”) to be actually distributed except the execution expenses in the distribution procedure in C distribution procedure on May 18, 2018 (hereinafter “instant dividends”), and drafted a distribution schedule under which the remaining 6,556,180 won is distributed to the Plaintiff in the second order.
E. The Plaintiff filed the instant lawsuit on May 24, 2018, after raising an objection to the said distribution schedule on the date of distribution on the said date.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, obvious facts to this court, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion.