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(영문) 대구지방법원 2020.02.06 2019나311956
예금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. B (hereinafter “B”) received a seizure and collection order as to the Plaintiff’s deposit claim against the Defendant (hereinafter “instant seizure and collection order”) on November 13, 2017, under the title of execution of the executory payment order, which was issued by the Daegu District Court Branch Branch 2017TTT782, from the Changwon District Court Decision 2017Da1488, no later than the Changwon District Court 2017Da1488.

B. According to Article 246(1)7 and 8 of the Civil Execution Act and Article 7 of the Enforcement Decree of the same Act, the term “deposits of not more than KRW 1,500,000 (where there are not less than one deposit account, the total balance standard)” was determined to be excluded from the claims to be seized and collected.

C. On April 16, 2018, the Plaintiff filed an application for partial revocation of the seizure and collection order under Article 246(3) of the Civil Execution Act regarding the above seizure and collection order with the Seogu District Court Branch C, and on May 1, 2018, the said court revoked the seizure and collection order regarding “the amount until it reaches KRW 1,500,000 among the deposit claims the Plaintiff had against the Defendant.”

On May 25, 2018, the Plaintiff withdrawn KRW 1,500,000 from the deposit account (D; hereinafter “instant account”) with the Defendant, and on June 10, 2018, KRW 1,165 was deposited in the instant account as interest.

E. In addition, the Plaintiff filed a lawsuit against Seogu District Court Branch 2018Gaso2636 (B). On August 14, 2018, the said court rendered a decision on performance recommendation that “B shall pay to the Plaintiff 1,255,087 won and the amount equivalent to 20% per annum from April 29, 2017 to the date of full payment.” The said decision on performance recommendation became final and conclusive on September 7, 2018.

F. On September 21, 2018, the Plaintiff applied for a substitute payment to the Korea Workers’ Compensation and Welfare Service, and the Korea Workers’ Compensation and Welfare Service deposited KRW 1,255,080 into the instant account.

[Ground of recognition] There is no dispute.

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