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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 18, 2019, the Plaintiff filed an application with D (hereinafter “D”) for a payment order of KRW 156,344,700 (hereinafter “instant sales price claim”) against D (hereinafter “D”) (Seoul District Court Decision 2019j516), and the said court issued the payment order on November 19, 2019, stating that “D shall pay KRW 156,344,70 to the Plaintiff,” which was finalized on December 7, 2019.
B. On November 19, 2019, the Plaintiff filed an application for provisional seizure against the claim amounting to KRW 156,34,700 as the claim amount, and KRW 156,34,70 as the claim amount, and the Defendant and E Union (hereinafter “E Union”) as the debtor, the Defendant and E Union (hereinafter “E”) were the third debtor (Seoul District Court Jinju Branch Branch Decision 2019Kadan1301). On November 20, 2019, the said court rendered a provisional seizure against the claim amounting to KRW 100,00,000 among the claim amount of the goods purchased against D against the Defendant, until that time, among the goods purchased amount of KRW 56,34,70,00 as the goods purchased by D against E Association. This reached the Defendant on November 25, 2019.
C. On December 3, 2019, D transferred KRW 583,655,240 (hereinafter “F”) out of the government-funded ready-mixed goods supply bonds that D had against the Defendant based on continuous transactions to F Limited Partnership (hereinafter “F”), and notified the Defendant on the same day, and the above notification reached the Defendant around that time.
On December 20, 2019, the Plaintiff filed a request for the seizure and collection order of the instant purchase price claim and interest for delay as the claim amounting to KRW 158,835,526, as the claim amount; D as the debtor; D as the debtor; and the Defendant and E Union as the third debtor; and filed a request for the seizure and collection order of the claim to transfer the provisional seizure to the provisional seizure (Seoul District Court Jinwon Branch Branch Branch 2019 Tau Branch 4180). On December 23, 2019, the said court transferred the provisional seizure by the provisional seizure order of the above 2019Kadan1301 on December 23, 2019 to the principal seizure; and D as the price claim against the Defendant.