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(영문) 광주지방법원 2015.06.05 2014나9751
추심금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

Basic facts are based on the executory exemplification of the judgment rendered by the Gwangju District Court 201Gau174169, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) against B’s deposit claims against the Defendant on November 1, 2013 with the amount claimed as KRW 18,406,617, based on the executory exemplification of the judgment rendered by the Gwangju District Court 201Gau 174169, and the said order was sent to the Defendant on the same day and served on November 4, 2013.

On November 20, 2013, the Defendant paid to the Plaintiff the remaining KRW 502,510,000 after deducting KRW 1.5 million from the deposit amount deposited in the deposit account (Account Number C) opened in the Defendant’s Gwangju Branch.

As of June 29, 2014, as of June 29, 2014, the receipt (deposit) account opened by B with the Defendant Cooperative and the balance of such deposit shall be as follows:

The balance of the account number management (as of June 29, 2014) of the common deposit account (as of Gwangju Branch 4,294 won) is KRW 1,505,265,00 in the aggregate of KRW 1,505,265 in the aggregate of KRW 1,505,00 in the Gwangju Branch E-Seoul Branch 1,50,971 in the common deposit account, and Section B holds the common deposit account (Account NumberF) established in the Seogju Agricultural Cooperative Co., Ltd. (hereinafter referred to as the “Songju Agricultural Cooperative”), and the balance of the deposit as of June 29, 2014 is KRW 400,02.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 5, each order to submit financial transaction information to the court of the first instance, Seo-ju Agricultural Cooperative in the court of the first instance, and the defendant's obligation to pay the collection money to the plaintiff as a whole, according to the fact that the defendant's obligation to pay the collection money to the plaintiff as a result of determination as to the grounds for the whole purport of the argument, barring special circumstances, the defendant is obligated to pay to the plaintiff the remaining amount of the deposit money of each deposit account held by the defendant Eul which is prohibited from seizure pursuant to Article 246 (1) 8 of the Civil Execution Act and Article 7 of the Enforcement Decree of the same Act

(a) a seizure;

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