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(영문) 서울남부지방법원 2020.10.08 2020가단2803
배당이의
Text

1. Defendant among the distribution schedule prepared by the above court on February 13, 2020 with respect to the distribution procedure case of Seoul Southern District Court D.

Reasons

1. Basic facts

A. On July 9, 2019, the Plaintiff intended to deposit KRW 50 million in advance of the production cost of goods to E (hereinafter “E”). The Plaintiff erroneously entered the account number of E FF bank into “H” and erroneously remitted the said KRW 50 million to the FF bank account (H; hereinafter “instant account”) under the name of E (hereinafter “I”).

B. The Plaintiff filed a claim for the return of KRW 50 million with the FF Bank, but the FF Bank respondeded that the FF Bank cannot return the money that was remitted due to the seizure of the instant account.

C. The Plaintiff filed an order to pay KRW 50 million with the Suwon District Court Decision 2019Da405, Suwon District Court Decision 2010,000,000, and the Plaintiff filed an application with the said court for payment order with the Plaintiff seeking payment of KRW 50 million and delayed payment damages therefor. On July 19, 2019, the Plaintiff was issued a payment order with the purport that “I shall pay to the Plaintiff the amount of KRW 50,000,000 and the interest calculated at the rate of 12% per annum from August 10, 2019 to the date of complete payment.”

The above payment order was finalized on August 24, 2019. D.

In addition, the Plaintiff filed an application for provisional seizure of the deposit claim against the F Bank of the Suwon District Court as Seoul District Court Branch 2019Kadan404, the Plaintiff filed an application with the said court for provisional seizure of the claim against the F Bank of I, and received the ruling of acceptance on September 2, 2019. On September 20, 2019, the Plaintiff filed an application for provisional seizure and collection order of the claim to transfer the provisional seizure to the provisional seizure to the original seizure under Suwon District Court 2019 TaT2424, and received a decision from the said court on September 20, 2019 (the amount requested: 50,702,495 won).

E. The National Health Insurance Corporation collected KRW 25,178,920 from the instant account on August 6, 2019. The F Bank collected KRW 25,178,920 from the instant account; the F Bank’s Seoul Southern District Court 2018TTTT 102564 against Defendant C’s claim for the deposit in the instant account (the amount of the claim is served to the garnishee on March 19, 2018); the Plaintiff’s claim, provisional attachment, and seizure and collection order; and the amount of the claim 50,000.

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