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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff A Co., Ltd. (hereinafter “Nonindicted Company”) had a claim against the Defendant for a loan of KRW 1,494,981,000 against the Defendant, and for a ship sales price of KRW 1,50,000 or more, and for a ship sales price of KRW 3,000,000, out of the total amount of the above loan claim and ship sales price claim, the Plaintiff provisionally seized and received a seizure and collection order.
Therefore, the defendant should pay to the plaintiff the above 3,000,000,000 won and damages for delay.
B. Defendant 1) The above provisional attachment and the seizure and collection order are not specified and are invalid. 2) ① Loan claims against the Defendant of the non-party company are limited to KRW 150,305,835, and ② The Defendant did not purchase the ship from the non-party company, and there is no ship price obligations against the non-party company.
2. A creditor who files an application for a provisional seizure or an order of seizure on the related legal claims shall clarify the type and amount of the claims to be seized (Articles 225 and 291 of the Civil Execution Act), and, in particular, when applying for an order of seizure only for a part of the claims to be seized, specify the scope thereof
(Civil Execution Rule No. 159(1)3 and Article 218 of the Civil Execution Rule. Nevertheless, in cases where a creditor’s application for provisional seizure or seizure does not specify the subject and scope of the claims to be seized, the decision of provisional seizure and seizure order (hereinafter “decision of seizure, etc.”) are not specified, if the claims to be seized are not specified, the effect of seizure, etc. does not take place.
This legal doctrine has several claims against the same third-party obligor, and is equally applied to cases where the obligee files an application for seizure, etc. on the whole of the claims. In such cases, the obligee can clearly recognize the purport of the application as to which the obligee files an application for seizure, etc. within the scope of one of the multiple claims.