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(영문) 서울중앙지방법원 2014.10.08 2013가단333039
부당이득금반환 등
Text

1. The Plaintiff:

A. The Defendant Sports Credit Guarantee Foundation: (a) KRW 16,225,345, and its amount from January 1, 2014 to October 8, 2014.

Reasons

1. Basic facts

A. On the basis of the authentic copy of the authentic copy of the promissory note with executory force No. 1131, 201, prepared by a notary public against Defendant C, the Plaintiff issued a seizure and collection order (U.S. District Court Decision 2011T. 22969; hereinafter “instant order”) on August 29, 201, the Plaintiff received the seizure and collection order (U.S. District Court Decision 201T. 201T. 2969; hereinafter “the instant order for seizure and collection”) against Defendant C, with the amount of claim KRW 220 million against the Defendant C’s claim for the refund of the lease deposit (hereinafter “the instant claim”). The seizure and collection order of the instant claim were served on August 29, 2011.

B. On April 26, 2011, the Defendant Gyeonggi Credit Guarantee Foundation received a decision of provisional seizure of the claim amounting to KRW 1,4960,000 for the instant claim (U.S. District Court 201Kadan651, Jun. 1, 201), and the said decision of provisional seizure was served on Defendant B on May 20, 201.

After that, on July 20, 2012, the defendant Gyeonggi Credit Guarantee Foundation received a seizure and collection order (U.S. District Court 2012TTTTT 15996) from which the above provisional seizure is transferred to the original seizure, and the seizure and collection order was served on August 24, 2012 on the defendant B.

C. On January 30, 2013, Defendant B deposited KRW 21,133,350, which is the balance of the instant claim by designating the deposited person as Defendant C pursuant to Article 248(1) of the Civil Execution Act.

(C) Defendant B declared the provisional attachment and collection order of the instant claim to the Defendant Gyeonggi Games Credit Guarantee Foundation, and reported only the provisional attachment and collection order of the Defendant Gyeonggi Credit Guarantee Foundation, without omitting the reason for deposit. D.

As a result, in the distribution procedure for the deposited money, 17,807,566 won (the dividend principal 17,779,538 won and the dividend interest 28,028 won) out of the dividend principal 21,126,970 won (the dividend principal 17,779,538 won and the dividend interest 28,028 won), excluding the expenses.

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