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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. On July 8, 2016, the Plaintiff was sentenced to the judgment that “A, etc. shall jointly and severally pay to the Plaintiff 171,610,356 won and the amount equivalent to 5% per annum from December 10, 2015 to July 8, 2016, and 15% per annum from the next day to the day of full payment,” and the judgment became final and conclusive around that time by dismissing all appeals from the Gwangju High Court 2016Na1174 to the appellate court from February 3, 2017.”
B. On December 9, 2015, the Plaintiff, as the Gwangju District Court 2015Kadan4913, was issued a provisional attachment decision on the goods-price claim against A, etc. (hereinafter “instant provisional attachment decision”) with the debtor as the defendant and the third debtor as the defendant and the claim amount of KRW 66,002,428, and the said decision was served on the defendant on December 10, 2015.
C. At the time of the Defendant’s receipt of the provisional attachment order of this case, the Defendant served the provisional attachment order of KRW 129,084,960 against the Defendant, etc., issued by the Seoul Northern District Court 2015Kadan4782, and the provisional attachment order of KRW 6,839,283 against the Defendant, who was issued by the Seoul Northern District Court 2015Kadan4782, and the provisional attachment order of KRW 6,839,283 against the Defendant, who was issued by the Gwangju Northern District Court 2015 Tadan5786.
On the other hand, as to the claim for the price of goods against A, etc., the Defendant: (a) transferred the provisional seizure of the claim of KRW 129,084,960 by the Seoul Northern District Court 2015Kadan4782 on December 24, 2015 to the provisional seizure order of the claim of KRW 129,084,960 by the Seoul Northern District Court 2015Kadan4782; (b) seized the claim of KRW 30,589,318; and (c) issued a seizure and collection order stating that the above claims may be collected by the business owner; and (d) the above order was served on the Defendant on December 29, 2015.
E. The defendant