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부산지방법원 2017.10.12 2017가단1918
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts following the facts are: (a) there is no dispute between the Plaintiff, Defendant B, and Dong Agricultural Cooperatives; or (b) there is no dispute between the parties; or (c) the overall purport of the pleadings as a whole; and (d) there is no dispute between the Plaintiff and the Defendant Tysia Co., Ltd. (hereinafter “Tysia”), pursuant to Article 150 of the Civil Procedure Act.

A. On August 29, 2016, the Plaintiff erroneously remitted money of KRW 3 million to Defendant B’s deposit account (E) in the course of transferring money to a third party’s deposit account (D) of Busan Bank (hereinafter “ Busan Bank”) in his/her own deposit account.

B. On September 6, 2016, the Plaintiff filed a lawsuit against Defendant B seeking the return of the instant remittance amount with Busan District Court Branch Branch Branch 2016 Ghana2932, and received a decision of performance recommendation from the above court on October 7, 2016, stating that “Defendant B shall pay to the Plaintiff 3 million won and interest thereon at the rate of 15% per annum from the day after the copy of the complaint is served to the day of complete payment.” This was served to Defendant B along with a copy of the complaint on October 24, 2016, and became final and conclusive as is on November 8, 2016.

C. Meanwhile, Defendant Dong Agricultural Cooperative filed a lawsuit against Defendant B with Busan District Court Decision 2008Gadan150986, and on May 12, 2009, the above court rendered a judgment that “Defendant B shall pay to Defendant Dong Agricultural Cooperative 663,295,005 won and 177,041,141 won in interest of 19% per annum from July 3, 2008 to the date of full payment.” The amount of the claim pursuant to the above judgment is the claim amount, and as the claim amount, Defendant B filed an application for seizure and collection order with the above court on December 5, 2012.