손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 20,304,306 and the interest rate of KRW 20% per annum from August 27, 2013 to the day of complete payment.
1. Facts of recognition;
A. With respect to B’s provisional attachment and C’s seizure (i.e., loan claims), B had credit, and C had credit based on the notarial deed of No. 631 of 2009 at the new law office of the Republic of Korea.
D around March 17, 2010, D died due to a traffic accident, and D’s inheritor succeeded to the claim for damages against the interesting fire marine insurance company (hereinafter “interest fire”) due to the foregoing traffic accident of D.
Fidelity B applied for provisional seizure of claim under the Incheon District Court Decision 2010Kadan30462 with the amount of claim KRW 130,000,000 on the basis of the above loan claim as the debtor, the deceased’s heir as the third debtor, and the claim amount was KRW 130,000,00, and the provisional seizure of claim was decided on April 26, 2010 (hereinafter “provisional seizure”), and the above decision was served on the interested State Fire on April 27, 2010.
Applicant C filed an application for the seizure and collection order of the claim with the Incheon District Court 2010 Other 15572 by using the above notarial deed as the title of execution, with the deceased’s heir as the debtor, as the third debtor, as the amount of the claim KRW 182,040,547, and the amount of the claim was KRW 182,040,5572. On July 14, 2010, it received the seizure and collection order of the claim, and the above order was served on the interesting fire on July 19, 2010.
B. (1) On October 6, 2010, the interesting fire deposited KRW 140,000,000 as damages for D’s damage as of October 6, 2010 in the Incheon District Court Decision 7238, supra.
On July 9, 2013, the court of execution prepared a distribution schedule that distributes the amount of KRW 58,425,041 among the amount to be actually distributed on the date of distribution to B, who is the person holding the provisional attachment right, and C, who is the person holding the collection right, in proportion to the amount of KRW 81,813,280, in proportion to the amount of credit, based on each amount of credit.
Article 22(1) of the Civil Act provides that “A person who has been present on the date of the above distribution and stated an objection against C” in the amount of dividends against C and then on January 5, 2011, the Incheon District Court 201Kadan1018 filed a lawsuit of demurrer against C.