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(영문) 수원지방법원 안산지원 2018.04.25 2017가단19494
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 19, 2015, the Plaintiff transferred KRW 3,000,000 to the new bank account of the non-party company, in fact, even if no transaction was made with the non-party company Elra (hereinafter “non-party company”).

B. When the Plaintiff refused to return the said money, the Plaintiff filed a lawsuit against the Nonparty Company with the Suwon District Court Branch Decision 2015 Ghana 115521, which stated that “the Defendant Company shall pay to the Plaintiff the amount of KRW 3,000,000 per annum from September 26, 2015 to September 30, 2015, 200 per annum, and 15% per annum from the next day to the date of full payment,” which became final and conclusive.

C. According to the above judgment on October 4, 2016, the Plaintiff received the claim attachment and collection order as to the deposit claim amounting to KRW 3,440,398 against the new bank of the non-party company as the Suwon District Court Branch Branch 2016TT 105135, and was served on the new bank of the non-party company at that time. The instant claim attachment and collection order was served on the new bank at that time.

On the other hand, on October 17, 2014, the Defendant seized the amount of the above delinquent amount, including the future deposit portion, among the deposit claims against the non-party company's new bank, pursuant to Article 41 (1) of the National Tax Collection Act, on the grounds of default of insurance premium of KRW 25,521,160 on the part of the non-party company's insurance premium, until it reaches the above delinquent amount.

E. New Bank Co., Ltd. deposited KRW 2,713,957 in the account of the non-party company on the ground that the seizure of the plaintiff and the defendant competes with the non-party company, and accordingly, the distribution procedure was initiated through Suwon District Court Ansan Branch B.

F. On November 15, 2017, the said court prepared a distribution schedule with the content that, on the date of distribution of the said distribution procedure, the amount of interest calculated by adding the said deposit interest to the said deposit and subtracting the enforcement cost, the said amount of KRW 2,697,494 was to be actually distributed, with the first priority order, that the amount of the claim is to be distributed to the Defendant in whole to KRW 25,521,160.

G. As to this, the Plaintiff.

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