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(영문) 부산지방법원동부지원 2019.09.04 2018가합106721

추심금

Text

1. The Defendant’s KRW 382,709,648 as well as 5% per annum from November 1, 2018 to September 4, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 21, 2015, the Plaintiff filed an application with Busan District Court 2015Kahap45 (2,391,477,662 (hereinafter “Nonindicted Company”) for provisional seizure of the claim against the Defendant’s claim against the Defendant as the preserved right. On January 21, 2015, the Plaintiff obtained a decision to provisionally seize the following deposit claims held by the Nonparty Company against the Defendant (hereinafter “decision of provisional seizure of this case”). The said decision was sent to the Defendant on the same day and served on January 22, 2015.

[Attachment List] The amount (including future deposits) up to the claim amount (excluding insurance money and deposits prohibited from seizure pursuant to Article 246 (1) 7 and 8 of the Civil Execution Act, and Enforcement Decree of the same Act) among the current and future deposit claims held by the debtor against the third debtor in the following order:

1.In the event of an un attached deposit or a seized deposit, seizure and collection shall be made in the following order:

Pre-Attachment: Unprovisional Deposit

(b) Prior seizure: A deposit of provisional seizure.

2. If several kinds of deposits have been made, seizure and collection shall be made in the following order:

Ordinary Deposit

(b) Current accounts;

(c) Time deposits;

(d) Regular amount; and

(e) Separate deposits;

(f) Savings deposits (including freedom, enterprises);

(g) Trust deposits;

(h) Non-taxable deposits;

(i) Beneficiary certificates (funds) investment deposits;

(j) Repurchase agreement;

(k) Principal deposit, subscription deposit for housing, and long-term savings for housing purchase;

3. When the same kind of deposit has several accounts, seizure and collection of the account number from the earlier deposit shall be made; and

B. On September 6, 2018, the Plaintiff filed a lawsuit claiming a loan against the non-party company as the Ulsan District Court 2017Gahap21998, and on September 6, 2018, the Plaintiff filed a lawsuit claiming a loan against the non-party company as the Seoul District Court 2017Gahap2198, “the non-party company is 2,384,098,376 won, and 2,259,662, and 185 won, respectively, from April 18, 2017 to September 6, 2018.