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(영문) 광주지방법원 2016.11.30 2016가단10648
부당이득금반환
Text

1. The defendant shall be the plaintiff.

A. The collection order is based on the seizure and collection order of 2015TT 18000 dated November 10, 2015 by the Gwangju District Court.

Reasons

1. Facts of recognition;

A. On November 6, 2015, the Defendant applied for a collection order on the first collection order following the Defendant’s request against the deposit claim against the Han Bank Co., Ltd., Ltd., Ltd., Ltd., Ltd. (hereinafter “I Bank, but the claimed amount KRW 150,000,000, based on the No. 922 of the Certificate of Preparation of Barunch (LLC) in the Gwangju District Court (2015TTT 1800).

On November 10, 2015, the Gwangju District Court issued the decision mentioned in paragraph (1) of the order citing the above application (hereinafter “the first collection order”) and served it on November 12, 2015 on the Bank.

On February 25, 2016, the defendant collected 14,016,948 won, which is the balance at the time of the debtor company's free savings account from one bank.

B. On March 3, 2016, the Plaintiff requested the Gwangju District Court (2016TTT 3267) to issue a seizure and collection order against a deposit claim against a single bank of an obligor on the basis of a notarized deed No. 561, 205,000, the amount of the claim is KRW 1,555,000,000, based on the deed prepared by the law firm’s law, at the request of the Plaintiff.

On March 8, 2016, the Gwangju District Court issued a decision to accept the above request (hereinafter referred to as “the second collection order”) and served the same on March 10, 2016 to one bank.

The defendant did not report to the Gwangju District Court another collection order in the first collection order.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, 5-7, the purport of the whole pleading

2. The assertion and judgment

A. According to Article 236 of the Civil Execution Act, the creditor who received a collection order shall report the amount of the collected claim to the court. If another seizure was made before such report, the creditor shall deposit the collected amount immediately and report the reason thereof.

According to the above facts, the defendant already collected the collection order after receiving the first collection order.

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