1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 26, 2015, the Plaintiff: (a) filed an application with the Gwangju District Court for a payment order against D (2015 tea4380) seeking payment of the said price claim; (b) issued the said court’s payment order stating that “D shall pay the Plaintiff KRW 5,479,020 and its delay damages; and (c) the said payment order was finalized on July 24, 2015.”

B. On July 8, 2015, the Plaintiff received a provisional attachment order against the Defendant by the Gwangju District Court 2015Kadan2638 on July 8, 2015 with respect to the remainder of the claim for the above price claim (the claim amounting to KRW 5,479,020) and the claim for the transfer of business to the Defendant. The said decision was served on the Defendant on July 10, 2015.

C. On August 17, 2015, the Plaintiff received a claim attachment and collection order under the above finalized payment order (the claim amounting to KRW 5,606,116) with respect to the remainder of the transfer payment amount against D’s Defendant as to the claim for the remainder of the transfer payment amount. On August 20, 2015, the Plaintiff was served on the Defendant on August 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff received a seizure and collection order as to the remainder of the transfer price for the business transfer, which the Plaintiff held against the Defendant. Therefore, the Defendant is obligated to pay KRW 5,606,116, and delay damages to the Plaintiff, the collection obligee. 2) Since the Defendant’s claim for the remainder of the transfer price for the business transfer against the Defendant, the seizure and collection order, asserted by the Plaintiff that the Defendant was issued a seizure and collection order, had already ceased to exist before the provisional seizure order was served on the Defendant, the claim for the remainder of the transfer price for the Defendant, the seizure and collection order was already extinguished.

B. Determination 1: Claim attachment and collection based on collection order.