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(영문) 서울중앙지방법원 2018.12.13 2018가합541566
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 15, 2015, the Defendant issued a promissory note of KRW 2,216,00,000 (hereinafter “instant promissory note”) to Q Q Co., Ltd. (hereinafter “ Q”) at face value. On the same day, a notary public made and issued a notarized deed of promissory note as No. 555 (hereinafter “instant authentic deed of promissory note”) with respect to the said promissory note on the same day.

B. On October 27, 2015, Q received a claim attachment and collection order (Seoul Central District Court 2015TT24212; hereinafter “instant collection order”) against the Defendant’s deposit claim of KRW 216,000,000 and the claim of KRW 2,000,000 against the Defendant’s deposit claim of KRW 216,00,000 and T Co., Ltd. (hereinafter “T”) based on the said promissory deed against the Defendant on the basis of the said promissory deed issued against the Defendant on October 28, 2015. The written decision was served on each of the above banks around October 28, 2015.

C. As to KRW 2,058,852,80 deposited in the Defendant’s deposit account on November 2, 2015, T means that “In order to secure the money borrowed from U.S. and V., upon entering into a contract with the Defendant, T shall consider all the money deposited in the T.C. under the Defendant’s name after the contract as a dividend, and T.C.’s agent shall pay the monthly dividend to U.S. and V., without the Defendant’s prior written consent. According to Article 5 of the aforementioned E.C. contract, T shall not take any disposition on the money deposited in the above deposit account without the Defendant’s prior written consent. Whether U.S. and V. (hereinafter “V.”), provisional attachment on the deposit account, and whether there is uncertainty on the execution creditor’s deposit account,” the latter part of Article 415(1) of the Civil Execution Act is deposit with the Seoul Central District Court in accordance with Article 251(1)25 of the Civil Execution Act (hereinafter “Seoul Central District Court Deposit”).

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