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(영문) 인천지방법원 2016.10.19 2016가단27039
공탁청구등
Text

1. The defendant shall set up 22,00 the collection amount according to the collection order and seizure of the claim and collection order, which is set up by the High Court of Jung-gu District Court 2013 other claims 4911.

Reasons

1. The judgment on the cause of the claim was issued by the defendant as the creditor of the Gisung Co., Ltd., and the original copy of the decision to issue a collection order was served on April 22, 2013, and the defendant collected approximately KRW 22 million out of the seized claim from the third debtor on June 28, 2013. Meanwhile, the plaintiff also holds the status of the execution creditor with respect to the same seized claim since May 10, 2013, which is the date of service of the provisional seizure order, as the creditor of the Gisungsung Co., Ltd., and the fact that the plaintiff holds the status of the execution creditor with respect to the same seized claim since May 10, 2013.

In light of the above, the defendant is concurrently liable to deposit KRW 22 million out of the collected money with the plaintiff in the position of collection agency for all creditors pursuant to Article 236(2) of the Civil Execution Act and report the reasons therefor.

Therefore, the defendant asserts that the report of collection was already completed on April 26, 2013 before the competition with the plaintiff. However, considering the fact that the above report date is clear prior to the date of actual collection prior to the date of time, it is difficult to regard the report of collection by the defendant as a legitimate report meeting Article 236 (1) of the above Act.

2. If so, the plaintiff's claim is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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