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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 Plaintiff filed an application for provisional attachment of claim amounting to KRW 103,221,421 with respect to claims, such as credit transaction price, against the Defendant of Uplus Co., Ltd. as Suwon District Court Decision 2015Kadan1262, and received a decision of provisional attachment of claim from the said court on July 6, 2015. The said decision was served on the Defendant on July 9, 2015.
B. On June 30, 2015, the Plaintiff filed an order for payment with the Suwon District Court Decision 2015Hu433, Jun. 30, 2015, the Plaintiff received an order for payment from the said court that “a debtor shall pay to the creditor the amount of KRW 103,221,421, and KRW 9,96,066 at the rate of 20% per annum from the day following the service of the original copy of the payment order to the day of complete payment,” and the said payment order was finalized on July 17, 2015.
C. On September 4, 2015, the Plaintiff applied for a provisional seizure and collection order to transfer the provisional seizure to the provisional seizure pursuant to Suwon District Court Decision 2015Kadan4639 on the basis of the original copy of the above payment order, and issued a provisional seizure for KRW 103,221,421 pursuant to the provisional seizure order of claim No. 2015Kadan1262 on the ground of the aforementioned provisional seizure order, the Plaintiff transferred the provisional seizure to the original seizure, seized the remainder of KRW 1,882,278, and issued a collection order, and the above decision was served on the Defendant on September 10, 2015.
On the other hand, on March 31, 2015, the Defendant received notice on the assignment of claims from Splus Co., Ltd. to the Industrial Bank of Korea that “any sales claim currently registered, or registered between April 1, 2015 and April 1, 2016,” and paid to the Industrial Bank of Korea KRW 181,750,002 on July 10, 2015, and KRW 37,889,796 on July 27, 2015.
[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 3, Eul 1, 2, 3, and Eul 1, 2, 3, and 4 (including virtual numbers; hereinafter the same shall apply), and the purport of the whole pleadings.