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1. At the request of this court for a change in exchange, the defendant shall provisionally seize Busan District Court 2016TTT 1595.
Reasons
1. Facts of recognition;
A. On May 17, 2016, the Defendant was issued a provisional attachment order on KRW 120,190,000 (hereinafter “the Defendant’s provisional attachment order”) with the Busan District Court 2016Kadan51304 (hereinafter “C”) regarding the claim for the payment of goods against D Co., Ltd. (hereinafter “instant claim for the payment of goods”). The Defendant’s provisional attachment order was served on May 20, 2016.
B. On June 30, 2016, the Plaintiff was issued a ruling of provisional seizure of claims (hereinafter “the Plaintiff’s provisional seizure order”) as to KRW 42,478,260 of the instant goods payment claim under the Daejeon District Court’s 2016Kadan1198, and the Plaintiff’s provisional seizure ruling was served on July 4, 2016.
C. On August 5, 2016, the Defendant received a claim attachment and collection order (hereinafter “the Defendant’s collection order”) regarding the instant goods payment claim (i.e., KRW 179,064,611, among the instant goods payment claims (i.e., KRW 120,190,000, KRW 58,874,611) from the Busan District Court (2016T). The Defendant’s collection order was served to C on August 10, 2016.
On August 26, 2016, the Plaintiff received the attachment and collection order (hereinafter “Plaintiff’s collection order”) regarding the claim of KRW 42,938,080 (the amount of provisional attachment KRW 42,478,260, the amount of KRW 459,820) out of the claim for the purchase price of the instant goods as of August 26, 2016, and the Plaintiff’s attachment and collection order was served to C on August 31, 2016.
E. As above, the judgment of provisional seizure by the Defendant, the Defendant’s collection order, the Plaintiff’s provisional seizure order, and the Plaintiff’s collection order were concurrent.
F. On November 30, 2016, the Changwon District Court Decision 2016Kadan13294, which was brought by the Defendant against C in order to claim the collection amount according to the Defendant’s collection order, “C (the above Plaintiff) between the Defendant and C, refers to the Defendant’s deposit account until December 15, 2016.