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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. On July 30, 2009, the Plaintiff filed a lawsuit against C Co., Ltd. (the name was D Co., Ltd. at the time of incorporation on March 2, 2005, and the name was changed to E Co., Ltd. on October 18, 2005, and the above name was changed on October 2, 2007, and the Plaintiff filed a lawsuit seeking the payment of loans under the Daegu District Court Decision 2009Da49213 (hereinafter “Nonindicted Company”).
B. On October 14, 2009, the above court rendered a judgment that "the company outside Korea shall pay to the Plaintiff 100,000,000 won with 5% per annum from September 22, 2006 to September 17, 2009, and 20% per annum from the next day to the day of full payment" and the above judgment became final and conclusive around that time.
C. Around October 21, 2015, a loan and interest for delay based on the above judgment amounting to KRW 236,876,712 in total (i.e., principal KRW 100,000,000 from September 22, 2006 to October 21, 2015).
On November 3, 2015, the Plaintiff asserted that the non-party company has a claim against the Defendant for the agreed amount. In Seoul Central District Court Decision 2015TTTTT24937, the Plaintiff applied for the attachment and collection order for the amount up to the above claim amount among the agreed amount claims that the non-party company has against the Defendant by taking the non-party company as the obligor and the defendant as the third obligor.
E. On November 5, 2015, the above court accepted the Plaintiff’s application and issued a seizure and collection order (hereinafter “instant seizure and collection order”) and served the Defendant on November 24, 2015.
[Ground of recognition] without any dispute, Gap's 1 through 4, 7, Gap's 8-2, the purport of whole pleading
2. Determination:
A. According to the facts of recognition of the obligation to pay the collection amount, the plaintiff was duly issued a seizure and collection order against the claim that the non-party company holds against the defendant, and such order was issued to the defendant who is the garnishee.