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(영문) 서울고등법원 2014.12.18 2013나56848
배당이의
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. Facts of recognition;

A. A. The surety Co., Ltd. and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Surex”) are Surex Co., Ltd. (hereinafter “Surex”).

On August 19, 2005, after being designated as a merchandise coupon issuer by the Korea Game Industry Development Institute (former Korea Creative Development Institute) and issued “voluntary sharing our cultural merchandise coupon” by February 2, 2007. 2) on April 6, 2006 with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) and the holder of merchandise coupons for free gift as the insured, enter into a guarantee insurance contract of KRW 12.5 billion with a guarantee amount of KRW 12.5 billion with a view to securing the liability for indemnity to be borne by the Seoul Guarantee Insurance, and accordingly, the Seoul Guarantee Insurance Co., Ltd. (hereinafter “New Bank”) issued each bearer deposit certificate (the total amount of KRW 3,480,00,470 based on the principal) issued by the new Bank (hereinafter “the instant regular deposit certificate”) to the Seoul Guarantee Insurance Co., Ltd. (hereinafter “New Bank”).

B. The plaintiff's seizure and collection order 1) The plaintiff was issued a seizure and collection order as to the claim amount of the deposit deposit claim amounting to KRW 246,760,000 among the claim amount of the deposit refund claim amounting to KRW 246,760,000 among the claim amount of the deposit refund claim (hereinafter "the claim amount of the deposit refund claim amount"), which the plaintiff received from the Seoul District Court's 2007Kadan6678, Oct. 9, 2007, with the title of execution of the notarial deed No. 1326 and the above notarial deed No. 4207, Aug. 24, 2007 with the title of execution of the notarial deed No. 1326 and the above notarial deed No. 42007, Jun. 24, 2007.

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