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B B B between the Plaintiff and the Defendant, the share of the D Savings Deposit Account (Deposit Holder: E and Defendant B) established by C is Nonparty E.
Reasons
1. Facts of recognition;
A. On April 22, 2019, the Plaintiff: (a) issued a collection order for the attachment and collection of claims (the 2019 Gunsan Branch of the Jeonju District Court) (the 44,000,000 Gunsan Branch of the 2019 Gunsan Branch of the 2019 Gunsan Branch of the 2019 Gunsan Branch of the 2019 Gunsan Branch of the 10250); and (b) issued a seizure and collection order (the 2019 Gunsan Branch of the Jeonju District Court 201 Gunsan Branch of the 2019 Gunsan Branch of the 202761). At that time, each of the above collection orders (the hereinafter collectively referred to as “instant collection order”) was served on the Defendant bank.
B. On March 10, 2016, F applied for provisional attachment of the claim against the Defendant bank in Daejeon District Court (12,500,000 won of the claim against the Defendant bank) on the provisional attachment of the claim against the Defendant bank in Daejeon District Court ( Daejeon District Court Decision 2016Kadan834) and served the Defendant bank around that time.
C. On July 24, 2017, G Co., Ltd. received a seizure and collection order (the claim amount 2,345,022 won against the Defendant bank) on July 24, 2017, with respect to the deposit claims against the Defendant bank in the Jeonju District Court Gunsan branch, and around that time, the above collection order was served on the Defendant bank.
E opened a savings account (Account D, hereinafter “instant account”) in the name of Defendant B with the Defendant bank, and the balance at the time of closing the argument of the instant account is KRW 61,455,856.
The Defendant bank did not deposit the amount equivalent to the deposit claim of the instant account (hereinafter “instant deposit claim”).
E. On August 27, 2020, the purport of the claim and the application for modification of the cause of the claim, which the Plaintiff demanded the Defendant bank to deposit the instant deposit claim in the Defendant bank, were served on September 1, 2020 on the Defendant bank.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, response of order to submit financial transaction information to corporation C, the purport of the whole pleadings.