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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant had the obligation to pay for the goods to the piracy Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). However, in order for Nonparty Co. to be reimbursed for the payment order in the case No. 2014 tea1090, the Suwon District Court rendered an application for the seizure and collection order against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on May 21, 2014, the above court issued the seizure and collection order on May 26, 2014, upon requesting the seizure and collection order against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to obtain the payment order in the case No. 2014 tea10, the Suwon District Court rendered a horizontal Housing Site Co., Ltd. (2013).
(hereinafter “the collection order related to the instant case”). B.
In order to preserve the claim against B for the goods price claim (the claim amount against the defendant: 57,430,790 won: 57,430,790 won), the above court rendered a provisional attachment order on September 11, 2014, upon filing an application for provisional attachment of B’s collection claim against the defendant based on the pertinent collection order, as Suwon District Court Order 2014Kadan987, the above provisional attachment order was served on the defendant on September 15, 2014.
(hereinafter “instant provisional seizure”) C.
On January 22, 2015, the court rendered a judgment (hereinafter “the judgment of this case”) stating that “B shall pay to the Plaintiff the amount calculated at the rate of KRW 115,430,790 and the interest rate of KRW 20% per annum from November 19, 2014 to the date of full payment” (hereinafter “the judgment of this case”) upon filing a lawsuit against B on the purchase price of the goods described in the instant B as Suwon District Court Branch Branch 2014Gahap2395, and the judgment of this case became final and conclusive around that time.
In order to collect the claim for the judgment of this case against B, the Plaintiff filed an application for the seizure and collection order of the provisional seizure to be transferred to the provisional seizure as Suwon District Court Branch 2015TT 629, and the above court transferred the provisional seizure of this case to the provisional seizure on February 23, 2015.
The collection amount of KRW 2,832,203 against the defendant B based on the collection order related to the instant case.