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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 25, 2017, the Plaintiff wired KRW 10,000,000 to the Industrial Bank of Korea account (Account Number E; hereinafter “instant account”) of C, a former business partner, to C (D) in the course of remitting the price of goods to the personal business entity C (D) which is a business partner.
(hereinafter “instant error remittance”). B.
With respect to the instant wrongful remittance, the Plaintiff filed a lawsuit against Suwon District Court Decision 2017 Ghana18482, which sought restitution of unjust enrichment against the Plaintiff Company C. On August 3, 2017, upon receipt of the performance recommendation decision from the said court, the decision of performance recommendation became final and conclusive on August 22, 2017.
On January 15, 2018, the Plaintiff received a collection order for the seizure and collection of claims by designating the debtor C and C as the Industrial Bank of Korea, under the title of execution decision as the title of execution, as Suwon District Court 2018TT468.
C. Meanwhile, on May 31, 2017, the Defendant attached the instant deposit claim against the Bank of Korea of C, based on the national tax credit (total value-added tax and additional dues KRW 78,514,310) in arrears by C, a stock company.
The Industrial Bank of Korea deposited the balance of the instant account, and the distribution procedure was carried out as Suwon District Court B with respect to the said deposit (hereinafter “instant distribution procedure”), and the distribution court, on April 23, 2018, prepared a distribution schedule stating that dividends amounting to KRW 9,909,659 shall be distributed to the Defendant.
E. The Plaintiff appeared on the date of distribution of the instant distribution procedure, and stated an objection against the whole amount of the dividend to the Defendant, and filed a lawsuit of demurrer against distribution on April 26, 2018.
【Ground of recognition】 The fact that there has been no dispute, Gap 2 through 8, Eul 1 and 2, the purport of the whole pleadings and arguments
2. The plaintiff's assertion and judgment
A. The Plaintiff’s deposit money of the Industrial Bank of Korea is erroneous for the Defendant, even though the Plaintiff was obligated to receive the return from C based on the error remittance of this case.