beta
Text
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.
Reasons
1. Basic facts
A. On October 9, 2012, the Plaintiff filed an application for the seizure and collection order with respect to C Co., Ltd. (limited to the former D Co., Ltd.; hereinafter the same shall apply) based on the executory exemplification of the judgment with respect to the service cost case, Gwangju District Court 201Kahap7132. On October 9, 2012, the Plaintiff received a decision to seize and collect the claims for KRW 393,368,416 among the claims against the Defendant Bank of the non-party company’s deposit against the non-party company as Gwangju District Court 201
(hereinafter “instant order of seizure”). The instant order of seizure was served on October 11, 2012 on the Defendant.
B. As of October 11, 2012, the non-party company held a claim amounting to KRW 47,147,709 in total, including KRW 2,147,709 (Account Number E; hereinafter “instant deposit”), and KRW 45,000,000 (Account Number G; hereinafter “instant installment savings”) for the Defendant bank. The non-party company was liable for the loan amounting to KRW 30,00,000 (hereinafter “the principal and interest of this case”).
C. Upon receipt of the decision of seizure of the instant claim on November 29, 2012, the Defendant treated and entered the claim of KRW 30,067,608 as the principal and interest of KRW 30,000,000 as the principal and interest of KRW 67,608 as the automatic bond and KRW 45,15,862 as the principal and interest of KRW 45,00,000 as the principal and interest of the instant installment savings against the Defendant of the non-party company, and KRW 181,232 as the interest and interest of KRW 181,232 (interest tax deduction of KRW 25,370) as the same as the principal and interest of the instant company on November 29, 2012, if the Defendant treated and entered in the loan-related account book of the non-party company as the same amount as the principal and interest of the instant case to the non-party company (Evidence evidence 3-1, No. 4).
After the settlement, the sum of the balance of the instant installment savings and the instant deposit, etc. was remitted to the Plaintiff’s account on the same day.