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Reasons
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(영문) 대구지방법원경주지원 2017.08.17 2016가합158
추심금
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2015, the Plaintiff was issued a provisional attachment order with regard to the “claim amounting to KRW 200,000,000 out of the construction cost (claimed Claim, such as Construction Price and Goods Price, etc.) owed by the Defendant, the third obligor, and the Defendant, and the third obligor, as the Ulsan District Court 2015Kahap163 (hereinafter “Na Heavy Industries”), as to the “claim amounting to the amount of KRW 200,000,000, out of the construction cost (claimed Claim, such as Construction Price and Goods Price, etc.) owed to the Defendant.”

B. On October 27, 2015, the Plaintiff was issued a collection order (hereinafter “the collection order of the instant claim and collection order”) stating that “The provisional seizure against U.S. District Court 2015Kahap163-20,000,000 won is transferred to the original attachment, and the remainder KRW 283,064,913 is seized. The Plaintiff may collect the above attached claim.”

C. On October 30, 2015, the instant order of seizure and collection was served on the Defendant, and the content of the seized claim indicated in the instant order of seizure and collection is as follows.

The portion transferred from the provisional seizure of KRW 483,064,913 to the provisional seizure of KRW 200,000: the portion seized from the provisional seizure of KRW 483,064,913: the amount until the amount of the above claim out of the construction cost (claim for Construction Costs and Costs of Goods, etc.) which the debtorNa Heavy Industries holds against the defendant against the defendant of the garnishee is not dispute (applicable to recognition)

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff alleged that the plaintiff was entitled to collect the claim for construction price against the defendant of BB Industries by accepting the seizure and collection order of this case. Thus, the defendant is entitled to the collection order.

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