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(영문) 서울남부지방법원 2015.12.16 2015가단229840
배당이의
Text

1. The distribution schedule prepared by the above court on August 28, 2015 with respect to the distribution procedure case in Seoul Southern District Court 2015 another 162.

Reasons

1. Facts of recognition;

A. On April 30, 2015, while making loans to Nonparty B, the Plaintiff bank erroneously remitted KRW 19,967,550 to Nonparty C’s new bank account (hereinafter “new bank”) and received a provisional attachment order on May 13, 2015 with respect to the claim for deposit against Nonparty C’s new bank as Seoul Central District Court 2015Kadan38618.

B. On January 13, 2015, the Defendant received a collection order for the seizure and collection of the claim (hereinafter “instant claim seizure and collection order”) from the Seoul Southern District Court 2015TTT District Court 2015TTB as to the amount until it reaches 300 million won out of the deposit claims against the new bank C.

C. On June 22, 2015, the new bank, upon receipt of all of the instant order of provisional seizure and the Defendant’s order of seizure and collection, deposited KRW 19,967,550 on June 22, 2015 as Seoul Southern District Court deposited KRW 2916, the distribution procedure was commenced as Seoul Southern District Court 2015 another 162 on June 26, 2015. On August 28, 2015, the distribution procedure was established as to the said deposit amount of KRW 19,959,009, which shall be distributed to the Plaintiff on the date of distribution on August 28, 2015, the distribution schedule was formulated to distribute the amount of KRW 1,245,541 to the Defendant, KRW 18,713,468, respectively (hereinafter “instant distribution schedule”).

The plaintiff who appeared on the date of the above distribution raises an objection to the whole amount of dividends of the defendant, and filed the lawsuit of this case.

E. On October 27, 2015, while the instant lawsuit is pending, the Defendant accepted and accepted the Plaintiff’s instant claim with C, entered into a compromise agreement which includes the waiver of the said dividend, and submitted a written application for the rescission of execution and waiver of the right to collect the claim regarding the instant claim seizure and collection order on October 28, 2015, and the said written notice of cancellation was served to C and the new bank, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. According to the above facts of recognition, the effect of the seizure and collection order of the instant case was lost.

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