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(영문) 수원지방법원 2015.11.26 2015가단12105
배당이의
Text

1. Of the distribution schedule prepared on March 9, 2015 by the said court with respect to the distribution procedure B case, against the Plaintiff.

Reasons

1. On December 25, 2014, the Plaintiff intended to transfer to a new bank account C through Internet banking, and wired KRW 10 million to a new bank account E (hereinafter “instant account”) in actual number D.

On December 29, 2014, the Plaintiff received a provisional attachment order as to the claim amounting to KRW 10,000,000 from the Seoul Western District Court Decision 2014Kadan7147, and issued a provisional attachment order as to the claim for return of deposit in the instant account to D’s new bank. The said order was served on the business Chinese bank. On January 30, 2015, the Seoul Western District Court issued a provisional attachment and collection order to transfer the provisional attachment to the principal attachment to the Seoul Western District Court 2015 TaT1340, which was served on the business Chinese bank.

On January 24, 2011, the Defendant issued a seizure and collection order as to the present and future deposit claims against D's new banks under the Suwon District Court 201TY 201TY 201TY 17,854,633 won, which was based on the executory exemplification of the judgment in the transfer proceeds case No. 2005Na8937, the Defendant received a seizure and collection order as to the current and future deposit claims against D's new banks under the Suwon District Court 201TY 1914, which was served to the new bank.

The new bank deposited the deposit and interest of the instant account as the U.S. High Government District Court Decision 2015Hun-382. On March 9, 2015, the Suwon District Court prepared a distribution schedule stating that KRW 9,986,189, excluding execution expenses, was divided in accordance with the claim amount and distributed KRW 2,290,162 to the Defendant, and that KRW 7,696,027 was distributed to the Plaintiff.

The Plaintiff raised an objection to the amount of dividends against the Defendant, and filed the instant lawsuit on March 9, 2015.

[Grounds for recognition] Gap 1 to 4, Eul 1, the purport of the whole pleadings

2. After the issuance of the judgment order of seizure, deposit claims to be deposited in the debtor's account may be subject to seizure in cases where a deposit account is opened to the extent that it is possible to specify the current rights and that deposit claims will be created in the near future.

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