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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On November 27, 2018, the Defendant filed an application for provisional attachment of KRW 39,885,925 out of the construction cost and the claims for goods against C with the claim amounting to KRW 59,885,925 with the Daegu District Court Branch Branch Decision 2018Kadan2594, the Defendant filed an application for provisional attachment of KRW 39,885,925 of the construction cost and the claims for goods against C with respect to the Plaintiff, and KRW 20,000,000 of the above claims against D with respect to the Plaintiff, and the provisional attachment decision was served on November 29, 2018 with the Plaintiff as the garnishee on December 3, 2018.
B. On November 26, 2018, the Defendant filed a lawsuit against the Seo-gu District Court Branch 2018da12838, demanding the payment of the goods price of KRW 59,885,925, and damages for delay, and received a favorable judgment on March 26, 2019, and the said judgment became final and conclusive on April 26, 2019.
C. On January 8, 2019, the Defendant filed an application for provisional attachment against C with respect to the claim for the remainder of KRW 20,00,000,000, out of KRW 59,885,925 against C as the claim amount. The Defendant received a decision of provisional attachment on January 10, 2019, with respect to the claim for the construction cost and the claim for the price for the goods against C as the Seo-gu District Court Branch Branch of 2019Kadan39, the Defendant served on the Plaintiff as the garnishee on January 14, 2019.
Based on the Daegu District Court Decision 2018Gadan12838, Apr. 17, 2019, the Defendant transferred KRW 59,885,925 to the principal seizure of the claim amount of provisional seizure of claim No. 2018Kadan2594, Apr. 17, 2019, which was based on the same support 2019 Tadan2007, and applied for the seizure and collection order of the claim amount of KRW 2,223,684 to additionally seize damages for delay and execution expenses, and received the decision of acceptance on April 19, 2019. The above decision was served on the Plaintiff on April 23, 2019.
E. In addition, based on the decision of the Daegu District Court Decision 2018Gadan12838, May 2, 2019, based on the same support, the Defendant: (a) transferred KRW 20,00,000 to the original seizure of the claim amount of KRW 20,000; and (b) additionally seized KRW 973,079 for delay damages and enforcement expenses; and (c) applied for a collection order.