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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’s legal dispute 1) between spatial DNA Co., Ltd. (hereinafter “S. Co., Ltd.”) and the Defendant’s spatial DNA Co., Ltd. (hereinafter “S.”), on May 20, 2013, as the Jeonju District Court 2013Kadan1905, the Defendant’s spatial DNA Co., Ltd. (hereinafter “S.”).
A) The provisional attachment order of the instant claim against the Plaintiff of the non-party company on the part of the claim amounting to KRW 886,00,000 as the claim amounting to KRW 886,00,00 (hereinafter “instant provisional attachment order”).
(2) On May 12, 2014, the above provisional attachment decision reached the Plaintiff on May 27, 2013.) The Defendant filed an application with the Jeonju District Court for a payment order against a non-party company under the Jeonju District Court 2014 tea5133. On October 6, 2014, the above court received an order to pay the non-party company the amount of KRW 886,00,000 and the amount of KRW 20% per annum from November 13, 2014 to the date of full payment. The above payment order reached the non-party company on November 12, 2014, and the above payment order was finalized on November 27, 2014.
(3) On December 3, 2014, the Defendant applied for a seizure and collection order of the claim to which the provisional seizure is to be transferred to the Jeonju District Court based on the original copy of the above payment order (hereinafter “instant payment order”). On December 3, 2014, the Defendant applied for a seizure and collection order of the claim to which the provisional seizure is to be transferred from the above court to the original seizure (hereinafter “instant collection order”).
B. B. The Defendant filed a lawsuit claiming collection against the Plaintiff and the provisional seizure of the real estate owned by the Plaintiff. On February 2, 2015, the Defendant filed a lawsuit claiming collection amount against the Plaintiff on the Jeonju District Court 2015Gahap976 (hereinafter “the lawsuit claiming collection of this case”).
2. On April 10, 2015, the Defendant filed an application for provisional seizure on the real estate owned by the Plaintiff with the Jeonju District Court for the claim for collection of KRW 886,00,000 against the Plaintiff as the preserved right. On May 14, 2015, the Plaintiff filed an application with the said Court for the provisional seizure on the real estate owned by the Plaintiff.