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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 2, 2013, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) as to the deposit claims listed in the separate sheet against the Defendant, who is a third party obligor, based on the Plaintiff’s claim for the construction cost of KRW 2,448,165,209 against the Taecheon District Court’s Young Tourism Development Corporation (hereinafter “ Taecheon Tourism”) as the Youngcheon District Court’s Yeongdeungpo Branch Branch Branch Branch 2013TTT13,1346.
The above order of seizure and collection was served on August 6, 2013 on the defendant.
B. The Defendant’s cashier’s checks issued and issued 1) Thai National Agricultural Cooperative is a local agricultural cooperative established under the Agricultural Cooperatives Act. Thai National Agricultural Cooperative transferred KRW 3 billion to its own account on August 30, 2013 and issued KRW 1 billion cashier’s checks of KRW 1 billion at the National Agricultural Cooperative’s listed position (hereinafter “the instant cashier’s checks”).
2) On the same day, Thai Tourism issued one of the instant cashier’s checks to Defendant Thai-si Branch on the same day, and requested to transfer KRW 157,510,968 out of the check amount (i.e., KRW 53,75,484, KRW 103,755,484) to the account under the name of Thai-si Development Co., Ltd., and accordingly, Defendant Thai-si Branch transferred KRW 157,510,968 to the above account, and then paid KRW 842,489,032 as the Defendant’s cashier’s checks.
3) On September 6, 2013 and October 4, 2013, Defendant Thai-si requested Defendant Thai-si to transfer part of the check amount out of the remaining two copies of the instant cashier’s checks to law banks, etc. The Defendant Thai-si branch deposited KRW 741,124,198, totaling KRW 232,637,120 (=2,450,000 won), and deposited KRW 1,028,728,720 in each of the following accounts: (a) the Defendant Thai-si branch deposited KRW 767,68,80,800 in each of the following accounts: (b) the Defendant Thai-si branch deposited KRW 767,68,80, Sept. 6, 2013; and (c) the amount of money deposited in each of the above accounts under the name of the Defendant Sejong-si branch in the name of 32,637,120 won.