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(영문) 전주지방법원 2018.07.19 2017나11936
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 8, 2011, the Bankrupt Savings Bank Co., Ltd. (hereinafter “Bankruptcy Bank”) rendered a ruling of the Jeonju District Court 201Kadan2607 Decided July 8, 201, provisionally seized KRW 5,00,000 among the termination of insurance (a termination), invalidation, claim for the return of insurance money at maturity, and claim for the payment of insurance money, which the debtor A has against the defendant who is a third party debtor. The foregoing provisional attachment ruling was served on the defendant on July 13, 2011.

B. On April 19, 2013, an asset management loan company (hereinafter “the asset management loan”) received a seizure and collection order as to KRW 12,206,121 of the insurance claims that an obligor A has against a third party obligor under the former District Court Decision 2013TTT3102 based on the executory payment order in the Seoul Eastern District Court Decision 2012Hu4694, Apr. 19, 2013. The original copy of the decision on the above order reaches the Defendant on April 22, 2013.

C. On May 15, 2013, the recipient assets management loan claimed the Defendant to collect the above amount, and on June 11, 2013, the Defendant paid KRW 2,781,910, 200, excluding the amount of refund 4,281,910 due to the insurance termination loan that the Defendant has to pay to A, out of the amount of KRW 4,281,910 (the guaranteed nature insurance 1,50,000).

On March 6, 2017, the Plaintiff appointed as the bankruptcy trustee of the bankrupt transferred the provisional seizure of the above paragraph (a) to the original seizure by the Jeonju District Court Order 2017TTTTT1458, and received a claim seizure and collection order (hereinafter “instant claim seizure and collection order”) against KRW 82,050 from among the claims for insurance money that the debtor A owns against the defendant against the third debtor, and the original copy of the order was served on the defendant on March 9, 2017.

[Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2 B in the evidence Nos. 1 through 6, the purport of the whole pleadings, and facts which are obvious to this court

2. Determination

A. Where the seizure of the gist of the plaintiff's assertion competes with each other, and where one of the execution creditors makes a request, the garnishee shall be entitled to the full amount of such claim.

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