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(영문) 의정부지방법원 2015.11.25 2015가단26849
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff transferred KRW 8,701,333 to Nonparty A’s new bank passbook (Account Number: B).

B. On March 30, 2015, the Plaintiff filed a lawsuit seeking restitution of unjust enrichment against A by Seoul Southern District Court 2015 Ghana903, and the said court rendered a performance recommendation to the Plaintiff on March 30, 2015, stating that “A shall pay to the Plaintiff an amount of KRW 8,701,03 at a rate of 20% per annum from the day after the copy of the instant complaint was served to the day of full payment.” The said decision became final and conclusive on April 21, 2015.

C. On May 6, 2015, the Plaintiff received a seizure and collection order as to the deposit claim against a new bank Co., Ltd. (hereinafter “instant deposit claim”) from the Jung-gu District Court 2015TTT753 as the executive title of the instant decision on performance recommendation.

On July 29, 2014, Defendant Credit Guarantee Fund seized the claim amounting to KRW 9,500,000 among the deposit claims against the new bank A Co., Ltd.

E. On January 20, 2015, Defendant National Health Insurance Corporation seized the instant deposit claims in the name of A on the grounds of delinquency in payment of KRW 1,258,120, including employment insurance premiums and industrial accident compensation insurance premiums.

F. The new bank deposited the deposit of the said account with the Seoul Southern District Court 2015Hun2778, and the distribution procedure was initiated with the Jung-gu District Court 2015Mo168 on the said deposit, and the said court distributed to the Defendant National Health Insurance Corporation KRW 1,258,120 on July 23, 2015, and KRW 3,869,110 on the Defendant Credit Guarantee Fund and KRW 3,603,012 on the second priority order.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion attempted to transfer KRW 8,701,33 to A's account by mistake. The plaintiff's assertion made a remittance of KRW 8,701,33 in the distribution procedure for the amount transferred by mistake of the plaintiff.

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