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1.The judgment of the first instance, including the Plaintiff’s claim that has been reduced in the trial, shall be modified as follows:
In this case.
Reasons
1. Basic facts
A. The Plaintiff is a person who operated a gas station in Sejong Special Self-Governing City C with the trade name “D,” and the Defendant is a person who operated a stone station in the trade name “F” in Chungcheongbuk-gun E.
B. On August 191, 191, the Plaintiff agreed to supply oil to the Defendant and settle the monthly oil price and receive the oil price in the following month.
C. In accordance with the above agreement, the Plaintiff supplied the Defendant with oil equivalent to the sum of KRW 16,267,059 from August 1991 to January 1, 1992. However, the Plaintiff received only the sum of KRW 8,418,358 from the Defendant and did not receive the remainder of KRW 7,848,701.
On July 24, 1992, the Plaintiff filed an application for provisional attachment against the Defendant for the Defendant’s right to claim for the transfer registration of real estate ownership against the Cheongju District Court (Cheongju District Court 92Kadan143 regarding the Defendant’s right to claim for the transfer registration of real estate ownership against the Cheongju District Court (hereinafter “provisional attachment 1”) and the decision was served on the Korea National Housing Corporation (the garnishee) on July 30, 1992.
E. Around December 1993, the Plaintiff filed a lawsuit against the Defendant with the Cheongju District Court 93 Ghana18291, which sought the principal of the oil payment of this case 7,848,701 won and damages for delay from February 9, 1994, and was sentenced to a favorable judgment on February 18, 1994 (hereinafter “the judgment before the instant lawsuit”). The judgment became final and conclusive on March 15, 1994.
F. On August 21, 2014, the Plaintiff filed an application for provisional attachment against the Defendant with the Sejong Special Self-Governing City court 2014Kadan129 on August 21, 2014 with respect to the Defendant’s right to claim for the transfer registration of real estate ownership against the Korea Land and Housing Corporation by applying KRW 10,397,701, an annual rate of 6% from July 24, 1992 to August 17, 2014, with respect to the Defendant’s right to claim for the transfer registration of real estate ownership as the preserved bond. The provisional attachment decision is made on August 21, 2014.