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(영문) 서울중앙지방법원 2015.06.04 2015가합6994
전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 3, 2014, the Plaintiff received an order for seizure and all of the deposit claims against the Defendant by a notary public of the Incheon Civil Medical Consumer Cooperative (hereinafter “Nonindicted Cooperative”) based on the executory exemplification of a notarial deed drawn up by No. 34, 35, 36, 37, and 38 of the luminous Law Firm Certificate No. 2014, Dec. 3, 2014.

(hereinafter “instant attachment and assignment order”). On December 9, 2014, the instant attachment and assignment order was served on the Defendant, who is a debtor, and on December 15, 2014, on December 23, 2014, respectively, on the part of the non-party partnership, the debtor, and on the part of the non-party partnership.

B. The phrase “the indication of the claim to be attached and assigned” in the attachment and assignment order of this case states “the amount until the claim is appropriated for the above claim” among the business deposit account, the business deposit account in the account number B with the debtor against the third debtor, the deposit in the account number of the ordinary deposit, and the deposit in the account number C.”

(hereinafter the above two savings accounts are combined with each other, hereinafter referred to as "each of the savings accounts of this case"). 【No dispute exists, Gap evidence 1-1, 2, and 3, and the purport of the whole pleadings.

2. Assertion and determination

A. Since the Plaintiff’s assertion that the attachment and assignment order of this case became lawful, not only the deposit deposited in each of the savings accounts of this case at the time of the delivery of the above order, but also the refund claim of the deposit newly deposited thereafter is transferred to the Plaintiff up to 650,000,000 won. Since the Defendant did not pay KRW 465,691,248, which was newly deposited in each of the savings accounts of this case after the date of delivery of the above order to the Plaintiff and withdrawn the order, the Defendant is obligated to pay the Plaintiff the full amount of KRW 465,691,248.

B. Deposit claims to be deposited into the debtor's account after the issuance of judgment seizure and assignment order also become the basis of their occurrence.

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