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1. As to the Plaintiff KRW 103,906,082, and English currency (GBP) 0.08, and KRW 103,90,000 among them, the Defendant shall on June 2013.
Reasons
1. Facts of recognition;
A. On June 22, 2012, the Suwon District Court rendered a decision of provisional attachment of the claim of KRW 520,000,000 against D by Sungwon District Court Branch 2012Kadan2709 (hereinafter “A”) against D as the preserved right, and the claim of KRW 520,00,000 against D against D was served as the preserved right. Such decision of provisional attachment was served on the Defendant, a third debtor, around June 28, 2012.
B. Around August 31, 2012, the bankruptcy was declared against A, and the Plaintiff was appointed as a trustee in bankruptcy.
C. Around April 30, 2013, the claim amount of KRW 520,00,000, out of the deposit claims against the Defendant D by Sungwon District Court Sung-nam Branch 2011, the claim amount of KRW 9,040,40,405,211 was transferred to a provisional attachment, and a decision was rendered to order the collection of the claim amount of KRW 8,520,405,211, out of the deposit claims against the Defendant D, and the claim amount of KRW 8,520,40,000 was seized except the part transferred to the original attachment.
In addition, the order of seizure and collection was served on the defendant who is the debtor D and the third debtor, respectively.
[Identification Evidence] Evidence Nos. 1 through 3, Evidence No. 1, and the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The Plaintiff, the Defendant, and the Intervenor’s Intervenor’s assertion 1) asserted that the Plaintiff claimed part of the remainder of the deposit claim except for the part of the pledge against the Defendant’s Intervenor’s deposit claim against the Defendant, since the decision of provisional seizure of the claim KRW 520,00,000 against A was issued, and the claim against the Defendant was based on the provisional seizure, and there was a claim seizure and collection order to transfer the provisional seizure to the Defendant. Accordingly, the Plaintiff claimed against the Defendant for payment of KRW 419,354,838 as well as damages for delay. (2) The Defendant excluded the part on which the pledge against the Defendant’s deposit claim against the Defendant against the Defendant, among the amount of the Defendant’s deposit claim against the Defendant, the balance of the Defendant’s remainder was totaled 6,082 won and 08.08 U.K. (GBP).