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(영문) 서울중앙지방법원 2015.07.22 2014나60391
배당이의의 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 22, 2013, the Defendant: (a) obtained the provisional attachment order on the claim against C&DC C and the claim for the advance indemnity amounting to KRW 200 million as the preserved right; (b) obtained the provisional attachment order on the claim against B and C as Seoul Central District Court Decision 2013Kadan57436 (Seoul Central District Court Decision 2013Kadan57436; (c) and served the provisional attachment order on July 26, 2013 to B and C.

B. On September 16, 2013, B and C deposited the lease deposit amount of KRW 82,556,004 with the Seoul Central District Court No. 19626 in 2013 (hereinafter “instant deposit”) and submitted a report on the grounds of deposit to the said court.

C. After that, on November 7, 2013, the Defendant: (a) rendered the original copy of the payment order for the claim for reimbursement claim of Busan District Court Decision 2013Da10047 Decided November 7, 2013 with the title of execution; (b) transferred the previous provisional attachment to a provisional attachment within KRW 207,027,757; and (c) received the attachment and collection order for the remaining KRW 7,027,757 on November 13, 2013 with the amount of claim for the payment claim of the deposit payment claim of this case as the title of execution; and (d) received the attachment and collection order for the remaining KRW 7,027,757 on November 13, 2013.

Accordingly, on November 14, 2013, the deposit officer of the Seoul Central District Court reported the reason of deposit on the ground that the above court rendered the provisional attachment of the defendant's claim for payment of the deposit of this case and the provisional attachment and collection order for the transfer of the above provisional attachment to the provisional attachment of the defendant's claim for payment of the deposit of this case to the provisional attachment and the provisional collection order was issued. Accordingly, the Seoul Central District Court D (hereinafter "the distribution procedure of this case").

E. Meanwhile, the Plaintiff was an employee working in C&DC’s office from December 3, 2012 to September 30, 2013, and on November 14, 2013, the Seoul Central District Court 2013Kadan69549, holding that the wage claim of C&DC’s as the preserved right.

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