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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 May 23, 2011, the Plaintiff filed an application with the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) for a payment order of KRW 390,000,000, and damages for delay, based on tort, against Korea Exchange Bank (hereinafter “Korea Exchange Bank”). On June 13, 2011, the Plaintiff received a payment order from this Court to the same effect (hereinafter “instant payment order”). The instant payment order was finalized on July 2, 2011 as the foreign Exchange Bank did not object thereto.
B. On July 8, 2011, the foreign exchange bank filed a lawsuit of demurrer against the Plaintiff to the effect that compulsory execution based on the instant payment order was rejected by the Seoul High Court Decision 201Na70089, and filed an application for the suspension of compulsory execution. On July 14, 2011, this court rendered a decision to suspend compulsory execution until the judgment of the instant case is pronounced. On November 30, 201, the court rendered a judgment on the summary that “the instant case of demurrer” was “the decision to suspend compulsory execution based on the instant payment order and authorize the said decision to suspend compulsory execution,” and the judgment was rendered on November 30, 201, which stated that “the instant case of demurrer is subject to compulsory execution based on the instant payment order, and the said decision to suspend compulsory execution was approved by the Seoul High Court Decision 2012Na6648, but the Plaintiff filed a new appeal with the Supreme Court Decision 2012Da47517, which became final and conclusive on April 23, 201201.
C. On August 28, 2012, the Plaintiff, based on the original copy of the instant payment order, filed an application for a seizure and collection order of KRW 80 million with respect to the deposit claim against the Defendant of a third party debtor of a foreign exchange bank, which was issued on August 30, 2012. The Plaintiff was issued a seizure and collection order of the content of accepting the Plaintiff’s request on August 30, 2012 (hereinafter “instant seizure and collection order”). The instant seizure and collection order was served on the Defendant on September 4, 2012.
On September 5, 2012, the foreign exchange bank is against the seizure and collection order of this case.