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1. The defendant is the Suwon District Court 2013TTT 8814, and the collection amount of 27,509,795 won according to the collection order and the collection order.
Reasons
1. The facts of recognition
1) On March 13, 2013, the Promotion Savings Bank Co., Ltd. (hereinafter “Foreign Exchange Bank”) is the Foreign Exchange Bank Co., Ltd. (hereinafter “Foreign Exchange Bank”) with the claim amounting to KRW 29 million by Seoul Central District Court Decision 2013Kadan37967, supra.
(2) On May 20, 2013, the Promotion Savings Bank Co., Ltd. was declared bankrupt on May 20, 2013, and the Plaintiff was appointed as administrator on the same day.
3) On November 14, 2013, the Plaintiff received a favorable judgment against B on the loan claim under 2013da5120917 against B, and the said judgment became final and conclusive on January 29, 2014. Accordingly, on March 31, 2014, the Plaintiff was issued the Seoul Central District Court 2014TT No. 9714, and the said decision became final and conclusive on April 4, 2014. B. The Defendant reached the foreign exchange bank on May 6, 2013, with the Suwon District Court 2013TTB as to the deposit claim against B in the foreign exchange bank (hereinafter “instant collection order”).
(C) On June 16, 2014, the Plaintiff filed a report on the right and the demand for distribution with respect to the above collection amount with the court of execution on December 18, 2014, and the Defendant filed a report on collection with the court of execution on May 18, 2014. [Grounds for Recognition], each statement in the evidence No. 1-5 (if any number is available, it includes each number), and the purport of the entire pleadings.
2. Article 236(2) of the Civil Execution Act provides that when there was a seizure, provisional seizure, or demand for distribution by a collection obligee prior to a collection obligee’s report, the collection obligee shall immediately deposit the collected amount and report the reasons therefor. Article 247(1) of the Civil Act provides that the collection obligee shall have the right to preferential reimbursement under the Civil Act, the Commercial Act, and other