공탁 등 이행 청구의 소
1. The defendant shall collect the money from the plaintiff according to the collection order and seizure of the claim and collection order, which is established in the Suwon District Court.
1. Basic facts
A. (1) On July 11, 2012, the Defendant filed an application with Suwon District Court for a payment order seeking the payment of the goods under the Korea Forest Es&S Co., Ltd. (hereinafter “Korea Forest Es&S”) under the Korea Forest Es&S support 2012 tea3481. On July 26, 2012, Suwon District Court: “Korea Forest Es&S issued a payment order to the Defendant for KRW 490,493,725 and delay damages therefrom; and the said payment order was finalized on August 17, 2012.
(2) On November 16, 2012, the Defendant: (a) based on the original copy of the above payment order against Han C&S, issued a claim attachment and collection order against Samwon District Court for KRW 418,939,91, among the claims for the goods against Han C&S’s KRW 418,939,991; and (b) received a claim attachment and collection order (hereinafter “instant collection order”); and (c) on November 21, 2012, the instant collection order was served to Sam C&T on November 21, 2012. < Amended by Act No. 11213, Nov. 21, 2012>
B. (1) On December 17, 2012, the Defendant filed a lawsuit claiming the amount of money to be collected under the U.S. High Court Decision 2012Gahap12481 on the basis of the instant collection order. On November 6, 2013, the said court rendered a judgment to the effect that “T.S.ex shall pay to the Defendant the amount of KRW 518,939,91 and damages for delay incurred therefrom” (hereinafter “the judgment on the amount of money to be collected in a prior suit”).
(2) On January 16, 2013, the Defendant: (a) obtained a provisional attachment order on the real estate owned by Samyang-gu District Court (Seoul District Court 2013Kadan50031) on the grounds that the Defendant’s claim for the amount of the collection bond against Sam Stex was the preserved claim; and (b) on February 15, 2013, Samstex made a provisional attachment order on the said provisional attachment; and (c) on the basis of the declaration of provisional execution of the judgment on the amount of the collection bond, the Defendant filed a provisional attachment order on the said provisional attachment.