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Reasons
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(영문) 대구지방법원 2018.09.13 2018가단108398
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 12, 2017, the Plaintiff applied for provisional attachment order of KRW 150,000 deposit claims against the Defendant of the future Sshing by taking as the claim amounting to KRW 414,00,000 against the future Sshing Co., Ltd. (hereinafter “Ssh”). The instant provisional attachment order was served on the Defendant on December 14, 2017, by applying for provisional attachment order of KRW 150,000 against the Defendant of the future Sshing.

Claim Claim: 4.14,00,000 won until the above Claim amount is reached in the order stated below among the following deposit claims which are deposited or to be deposited in the future by the debtor against the third debtor: Provided, That Industrial Bank of Korea 150,000,000 won for the third debtor:

1.In case of a deposit which has not been seized or provisionally seized or a deposit which has been seized or provisionally seized, provisional seizure shall be effected in the following order:

A deposit not subject to seizure provisional seizure

(b) Deposits subject to seizure or provisional seizure;

2. In case there are several kinds of deposits, provisional seizure shall be effected in the following order:

(1)(2)The ordinary deposit(3) the fixed deposit(4) the fixed installment savings(5) the fixed deposit(6) the deposit(7) the MMF(MDA9) the deposit(10) the trust deposit(11) the deposit(12) the bond-type deposit(12) the subscription deposit.

3. If the same kind of deposit has been in several accounts, provisional seizure shall take place beginning with the first account number.

B. According to the decision of provisional seizure of this case, the indication of the claim provisionally seized is as follows.

C. On December 21, 2017, future c. 2017, the account number of the Defendant Bank is 020 c. c. 243-11873-01-020.

A) A new establishment of a 020 account was made and KRW 386,754,561 in total over several times from December 21, 2017 to February 20, 2018, but from time to time, the amount deposited is deposited as it is, and the balance as of February 20, 2018 is zero won. [Grounds for recognition] The fact that there is no dispute, Gap 1, 2, 4, and 5 evidence (including each number, each statement and pleading.

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