logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.12 2020가단8629
배당이의
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 18, 2015, the Plaintiff filed an application with the Seoul Northern District Court for a payment order of the purchase price for a limited liability company E (hereinafter “E”), and the payment order was issued to the Plaintiff to pay KRW 14,120,965 to the Plaintiff and its delay damages.

B. Based on the above payment order claim, the Plaintiff filed an application for attachment or delivery order with respect to E’s share of the FF Financial Cooperative (hereinafter “instant share of investment”) based on E’s share of the FF Financial Cooperative as the debtor, and with FF Financial Cooperative as the third debtor.

On April 22, 2016, in relation to the above application, Suwon District Court Branch Decision 2016TTT 2016TT 1035 rendered that “The share of a member based on the investment certificate that the debtor has against the third debtor shall be seized. The third debtor shall not distribute profits, return the investment amount, or distribute the residual assets to the debtor. Upon delegation by the creditor, the execution officer entrusted by the creditor shall receive and keep the above investment certificate from the debtor.”

(hereinafter “instant attachment decision”). The instant attachment decision was served on April 27, 2016 to FFF Mutual Aid Association, a garnishee, on the third debtor of April 27.

C. Meanwhile, based on the original copy of the judgment of the contract deposit case against E, the Defendant applied for the seizure order of the investment certificate that transferred the FF Financial Cooperative as the debtor Eul and the FF Financial Cooperative as the third debtor to the seizure upon the provisional seizure.

On December 10, 2018, upon the above application, the Suwon District Court rendered a decision of seizure accepting the defendant's application of seizure by heading 2018TTT22514.

On December 13, 2018, the decision of seizure was served on the FFF Financial Cooperative, a garnishee. D.

The execution officer of the Suwon District Court delegated by the defendant according to the above seizure order of the defendant received the instant investment certificate from the G Financial Cooperative.

(H) After that, according to the defendant's above seizure decision, the investment certificates of this case are issued.

arrow