추심금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is added to the judgment as stipulated in the following Paragraph 2, and Article 238 of the Civil Execution Act is deemed to be “Article 248 of the Civil Execution Act,” except where “Article 238 of the Civil Execution Act” is deemed to be “Article 248 of the Civil Execution Act,” thereby citing it according to the main sentence
2. The addition;
A. The plaintiff asserts to the following purport as the grounds for appeal.
The defendant, who is a third debtor, received a request from the plaintiff who seized D's claim for construction price against the defendant several times, and made a deposit without delay despite the fact that he/she has the obligation to deposit under Article 248 (2) and (3) of the Civil Execution Act.
As a result, the plaintiff suffered losses that amount equivalent to KRW 81,93,341 due to the subsequent participation of other creditors in the distribution procedure, even though it could have received a larger amount of dividends in the distribution procedure if the deposit was made early.
The defendant alleged that the balance of the obligation of the construction price against D, which is an attached claim, is KRW 231,129,328 and deposited for enforcement, but the actual balance is KRW 1,075,504,942.
As such, the Defendant deposited less than the amount of actual construction price debt to D, thereby resulting in a shortage in the amount of dividend payment. Ultimately, the Plaintiff suffered losses in which the amount equivalent to KRW 81,93,341 was not paid in the distribution procedure.
Therefore, the defendant is obligated to pay to the plaintiff the above amount that the plaintiff did not receive as dividends due to the defendant's violation of deposit obligation or under-deposit, and damages for delay.
B. First, we examine the Plaintiff’s assertion.
Article 248 (2) and (3) of the Civil Execution Act shall deposit the amount equivalent to the seized part at the request of the creditor participating in the distribution.