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1. Revocation of the first instance judgment and dismissal of the instant lawsuit.
2. All costs of the lawsuit shall be borne by the Plaintiff.
purport.
Reasons
1. Basic facts
A. The Plaintiff, as a pecuniary claim against D, was subject to a provisional attachment and a decision of seizure as follows with respect to the claims against D against the Defendant.
(1) On March 26, 2014, the Plaintiff filed an application for provisional attachment on the claim amounting to KRW 115,300,970 among the claim for the cost of manufacturing steel structures, etc. against the Defendant, with D as the obligor and the Defendant as the garnishee, and received a decision of acceptance with the Daegu District Court 2014Kadan1517 (hereinafter “decision of provisional attachment”). The provisional attachment order was served on the Defendant as the garnishee on March 27, 2014.
(2) Since then, the Plaintiff filed a lawsuit against D as the Daegu District Court 2014Gahap2109, which was the principal lawsuit of the instant provisional attachment order, to claim the price of goods supplied by the Plaintiff from January 2012 to July 2013.
B. On May 13, 2014, the above court rendered a favorable judgment of the Plaintiff that “D shall pay to the Plaintiff 115,300,970 won with 5% per annum from August 1, 2013 to March 28, 2014; and 20% per annum from the next day to the day of full payment.” The judgment became final and conclusive around that time.
(3) Based on the above final judgment, the Plaintiff: (a) ordered D to seize the principal and interest of KRW 167,070,40 as of April 26, 2016 among the claims for the purchase of goods against D; and (b) D as the debtor and the Defendant as the third debtor; and (c) requested the Defendant, who is the debtor, the Defendant, to seize and collect the claim that “the provisional attachment against KRW 115,300,970, out of the claims for the purchase of goods owned by D against the Defendant, shall be transferred to the original attachment; and the remainder of KRW 51,769,430,00, shall be seized; and (d) on April 28, 2016, the said court accepted the above application and issued the attachment and collection order (hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order to the Defendant, the debtor, on May 23, 2016.