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(영문) 서울중앙지방법원 2016.09.08 2015나57712
예금반환 등
Text

1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

Reasons

1. Basic facts

A. On July 3, 2015, the Plaintiff remitted KRW 10,000,000 to the Defendant Bank’s deposit account of the Defendant Bank on an erroneous basis, to the Defendant Bank’s account of the Uniform LitC Co., Ltd. (hereinafter “Korean Uniform LitC”).

B. Meanwhile, with respect to the deposit claims of the unification siren, the seizure and collection order, and the collection order were issued as follows, and the notification of seizure was served to the defendant, who is the third debtor at the time of the relevant seizure.

On December 10, 2013, the scope of claims subject to seizure (original legal basis) by creditors of the date of seizure, including future deposits as deposit claims under Article 81 of the National Health Insurance Act (Application Mutatis Mutandis of the National Tax Collection Act) of the Ministry of Health and Welfare 2,172,470 on October 20, 2014.

2. The assertion and judgment

A. In order to preserve the right to claim a return of unjust enrichment from the transfer of error against the Defendant, the Plaintiff’s assertion by the parties asserted a payment of the deposit amount equivalent to the amount of money remitted to the Plaintiff by acting in subrogation of the claim to return the deposit held by the unification siren against the Defendant, the Defendant asserts that there is a claim to seize and collect the deposit claim against the Defendant of the unification siren, and that there is a collection order and a disposition order for arrears.

B. If there exists a seizure and collection order against the judgment claim, only the collection obligee may file a lawsuit for performance against the garnishee, and the debtor shall file a lawsuit for performance against the seized claim.

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