1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 21, 2013, the Plaintiff received a seizure and collection order as to the claim for the price of goods by lighting fixtures, etc. held by Muss Korea against Muss Korea Co., Ltd. (hereinafter “Mas Korea”), with the title of execution for a promissory note No. 249, 2012 (No. 249, 2012; hereinafter “instant notarial deed”) against Muss Korea Co., Ltd. (hereinafter “Mas Korea”). This was served on Muss Korea on March 25, 2013 (U.S. District Court Decision 2013TTT 6191; hereinafter “instant collection order”).

B. The Plaintiff’s compulsory execution 1 based on the provisional attachment of claim and the payment order finalized by the Plaintiff’s provisional attachment of claim amounting to KRW 180,379,270 (i.e., principal amount of KRW 159,158,180 for delay damages of KRW 21,221,090). On April 26, 2013, 2013, the provisional attachment of claim amount against the claim by lighting instruments, etc., which are held by Myman Korea against Myman Construction Co., Ltd. (this Court Decision 2013Kahap715, hereinafter “instant provisional attachment”).

(2) On May 2, 2013, the Plaintiff received the payment order (hereinafter “instant payment order”) and then filed an application for payment order (this Court No. 2013 tea5719) with Mussa Korea for payment of the purchase price of goods. On May 20, 2013, the said court issued the payment order (hereinafter “instant payment order”) stating that “Masa Korea shall pay to the Plaintiff 159,158,180 won and 20% interest per annum from June 13, 2012 to the date of full payment).”

The instant payment order was finalized on June 11, 2013.

C. 1) The case in which the Plaintiff deposited KRW 124,110,393 against Muss Korea on October 26, 2016 and started to commence the distribution procedure (U.S. branch court A, U.S. branch court).