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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. C Co., Ltd. (hereinafter referred to as “C”) filed an application for provisional attachment on the amount of KRW 420,578,425 out of the claim amount of the goods price claim to be paid by D upon processing and supplying the automobile parts, etc. to the Plaintiff to the Plaintiff as the Defendant’s husband, and the Plaintiff as the third obligor. On February 18, 2014, the Daegu District Court Seo-gu District Court Branch Decision 2014Kadan383 (hereinafter referred to as “the provisional attachment decision of this case”). The provisional attachment decision was served on the Plaintiff as the garnishee on February 21, 2014.
B. C filed a lawsuit against D for the payment of goods with the Seoggu District Court Branch 2014Gahap131, and on January 15, 2016, the said court rendered a judgment in favor of some of the following: “D shall pay C the amount of 600,608,275 won and the amount calculated by the rate of 15% per annum from June 1, 2013 to February 5, 2016, and the amount of 6% per annum from the next day to the date of full payment.”
C. According to the above judgment, C shall seize the instant claim, and D shall be the debtor and the plaintiff as the third debtor. The provisional seizure against KRW 420,578,425 of the instant claim shall be transferred to the original seizure, and the remainder of KRW 286,415,936 shall be seized." The court accepted the above application on March 18, 2016, and issued a decision of seizure and collection order (hereinafter “decision of seizure and collection order of the instant claim”) under the 2016TT Branch Branch of the Daegu District Court under the 2016TT Branch Branch of the Daegu District Court (hereinafter “decision of seizure and collection order of the instant claim”), and the said decision was served on the plaintiff as the third debtor on March 23, 2016.
On the other hand, D has appealed against the Daegu District Court Decision 2014Gahap131, and the appellate court (Seoul High Court 2016Na876), on February 9, 2018, 369,383,953 won to C and the amount calculated at the rate of 15% per annum from June 1, 2013 to February 9, 2018, from the next day to the date of full payment.