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(영문) 서울중앙지방법원 2018.04.26 2017가합577797
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2011, the non-party Spanish Co., Ltd. (hereinafter “Spanish”), filed a lawsuit claiming the agreed amount with the Defendant. On November 6, 2013, the Seoul High Court sentenced the Defendant to pay to Spanish the amount of KRW 2,611,968,902 as well as the amount calculated at the rate of KRW 5% per annum from March 31, 2011 to March 27, 2012, and 20% per annum from the next day to the date of complete payment (the court below 2013Na1800), and the above judgment was finalized on August 18, 2016.

B. On December 4, 2013, 2013 based on the executory exemplification of the judgment in the above court case 2013Na1800, Spanish received a claim seizure and collection order (Seoul Central District Court 2013TTT 2013T 3,622,049,478 against the Defendant’s bank (hereinafter “Korea bank”) on December 4, 2013 (hereinafter “Seoul Central District Court 2013T 38727), and the above written ruling was served on the Bank on December 9, 2013.

C. The Gangnam-gu Customs Office of the Republic of Korea shall be the Republic of Korea Bank of Spanish around August 2016.

1,764,69,320 of the claims to be collected under this paragraph were seized, and the above attachment notice was served on the Bank on August 19, 2016.

On August 22, 2016, our bank deposited KRW 3,622,049,478 in gold No. 1947 at the Seoul Central District Court in accordance with Article 248(1) of the Civil Execution Act. On August 22, 2016, it submitted a report on the reason for the third debtor deposit on August 23, 2016.

E. On August 29, 2016, the Defendant’s status as the Defendant’s Spanish.

of the obligations in the judgment of 2013Na1800 under this subsection, the Bank is above D.

As stated in Paragraph 3,622,049,478, the remainder of KRW 1,428,085,199, except for the amount of KRW 3,622,049,478, was deposited under the jurisdiction of Suwon District Court No. 1779.

F. On September 12, 2016, the Plaintiff received an order for seizure and assignment of each claim regarding the amount of KRW 857,228,265 (2016, Sejong District Court, Pyeongtaek District Court, KRW 2016, KRW 4714), and KRW 44,091,006 (the same support support support support support support support support support support 201,2204) from among the claims for dividend payment to the Republic of Korea of Spanish, and the written decision above is issued to the Republic of Korea on September 20, 2016.

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