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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the final and conclusive judgment rendered on November 8, 2017 by Busan District Court Decision 2017Da515619, the Plaintiff, the cause of the Plaintiff, has a claim for payment to C, “The agreed amount of KRW 30,000,000 and the amount calculated at the rate of 5% per annum from March 28, 2017 to November 8, 2017, and the amount calculated at the rate of 15% per annum from the next day to the date of full payment.”
C was the sales price to be received from the Defendant (hereinafter “the instant sales price”). On February 11, 2016, the Plaintiff was issued a provisional attachment and collection order on the instant sales price claim under the Busan District Court 2016Kadan300 (the third debtor was served on February 15, 2016) with respect to the instant sales price claim based on the right to preserve the said contractual deposit claim as the right to be preserved. On December 8, 2017, the Plaintiff was issued a provisional attachment and collection order on December 8, 2017.
Therefore, according to the above collection order, the Defendant is obligated to pay to the Plaintiff KRW 31,281,914, which is the amount of the execution bond of the above collection order, out of KRW 50,000,00 not paid to C as of February 15, 2016, according to the above collection order.
2. The Plaintiff asserts that, on January 7, 2016, when the Defendant and C negotiated terms and conditions for the purchase and sale to enter into a sales contract for D’s business license, the Plaintiff notified the Defendant that the instant purchase price would be “40 million won in advance, intermediate payment of KRW 20,000,000 (payment April 30, 2016), and KRW 30,000,000 in balance (payment October 30, 2016),” and that the text message was not paid in total of KRW 50,00,000 in the instant purchase price at the time of the provisional attachment.
The plaintiff bears the burden of proving that the above intermediate payment and the balance have occurred, and the defendant succeeds to the deposit money and the outstanding amount of the sales contract concluded on January 20, 2016 at KRW 170,000,000.