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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. Facts of recognition;
A. On October 4, 2001, the Plaintiff was merged with Choung Bank Co., Ltd. (which was later merged with the New Bank Co., Ltd.) (hereinafter referred to as “the name of the financial institution”).
(2) On August 6, 2003, the Plaintiff subscribed to the CASH Plus Card’s individual member, and thereafter, the Plaintiff applied for the suspension of trading the said Plus Card to the Choung Bank on November 29, 2002. Around that time, the Plaintiff issued a re-issuance of the CASH Plus Card (the card No. C) from the Choung Bank, but the Plaintiff failed to pay the price in full. (2) On August 6, 2003, the Choung Bank issued a re-issuance of the CASH Plus Card (the card No. 20103 (hereinafter “D apartment”).
The registration of provisional attachment is completed by the Seoul District Court 2003Kadan16486 with the claimed amount of KRW 4,468,904.
C. Meanwhile, on May 18, 2004, the National Bank received a decision to commence the sale of real estate for D apartment on May 22, 2004 from the Seoul Southern District Court E, and completed the registration of the entry on May 22, 2004, and conducted the auction procedure. The Seoul Southern District Court drafted a distribution schedule on June 22, 2005 that receives dividends of KRW 4,468,904.
However, on December 30, 2003, Choung Bank did not receive the dividend on the ground that it had already transferred its claim against the Plaintiff to the promotion mutual savings bank. On October 16, 2006, the Plaintiff was issued a provisional attachment order for registration of provisional attachment No. 2003Kadan164886 by Seoul Southern District Court Decision 2006Kadan7107, and the Seoul Southern Southern District Court revised the distribution schedule to distribute the amount of KRW 4,468,90 to the Plaintiff on the ground that the provisional attachment of Choung Bank was revoked on October 31, 2006.
E. On January 3, 2006, the promotion mutual savings bank was transferred to the Plaintiff on December 30, 2003 by the said bank against the Plaintiff, and on January 30, 2004, the payment of the said credit to the Plaintiff by registered mail.