logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.24 2017가단18510
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has a claim equivalent to KRW 61,692,910 against Nonparty B.

B. Nonparty B is the account holder of the Defendant Han Bank (hereinafter “Defendant Bank”) account number C (hereinafter “instant account”).

C. On March 11, 2016, the Plaintiff filed an application for provisional seizure of claims against the Defendant bank’s deposit claims with respect to the said account, and received a decision of provisional seizure of claims as follows.

(C) the claims listed in the separate sheet against the garnishee(Defendant bank) of the debtor(B) shall be provisionally attached.

A garnishee shall not pay the above claims to the debtor.

Of the claims for the return of deposits in the account of this case held by the obligor B against Han Bank Co., Ltd., a third party obligor, the amount up to the above claims amount among the claims for the return of deposits in the account of this case, 61,692,910 won attached to the claim amount of 61,692,910 won

D. The Defendant Bank was served on March 15, 2016 with an authentic copy of the decision on provisional seizure of the said claim.

E. On July 25, 2016, there was a collection order and seizure and collection order to transfer the provisional seizure of the above claim to the original seizure.

(C) The collection order of this case is based on the following: (a) the Plaintiff and Nonparty B transferred the provisional seizure of KRW 61,692,910 among the claims arising from the provisional seizure order of the above claim between the Plaintiff and Nonparty B; and (b) seize the remainder of KRW 2,826,157 among the claims arising from the provisional seizure order of this case; and (c) the collection order of this case includes “B’s amount up to the claim amount of the above claim, among all the claims for the refund of the deposit and other accounts opened by the Defendant bank or deposited in the future.”

F. The instant collection order was served on the Defendant bank on July 28, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim.

arrow