beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In fact, on March 10, 2017, the defendant, including the judgment related to the instant case, filed a lawsuit against the plaintiff claiming for the price of goods (the Changwon District Court 2017Gahap27), and on April 5, 2017, the defendant filed a counterclaim against the plaintiff claiming compensation for damages arising from the breach of the agreement.
(2) On September 11, 2017, the above court accepted the Defendant’s claim for the main lawsuit in entirety and rendered a judgment dismissing the Plaintiff’s counterclaim in entirety. (3) On September 11, 2017, the above court rendered a judgment dismissing the Plaintiff’s counterclaim. (4) with the purport that “the Plaintiff shall pay to the Defendant 787,740,140 won and 15% interest per annum from February 22, 2017 to the date of full payment.”
(hereinafter “instant judgment”). The Plaintiff appealed against the instant related judgment and filed an appeal for the suspension of compulsory execution on November 17, 2017 (court 2017Kadan10004), and the said court deposited KRW 100 million on November 21, 2012 as to the defect of the order to provide security.
(2) The Plaintiff’s appeal against the instant judgment was dismissed on October 1, 2018 (the Plaintiff’s appeal against the instant judgment) (Article 2017Na2379, 2017Na23786). Ultimately, the instant judgment on October 27, 2018 became final and conclusive.
On February 13, 2018, C Co., Ltd. (hereinafter “C”) was subject to the Defendant’s decision of provisional seizure of claims against the Plaintiff regarding the claims for goods based on the instant judgment against the Plaintiff (Seoul Central District Court Decision 2018Kadan802465, hereinafter “instant provisional seizure order”), and the provisional seizure order of the instant claims was served on the Plaintiff, who is the garnishee, on March 15, 2018, and was not served on the Defendant, the debtor.
C on May 25, 2018, filed an application for the revocation of security against the instant order on provisional seizure of claims (the same court 2018 Chicago51370), and the above court rendered the acceptance decision on May 28, 2018, and the above written decision was made to E, the head of D, at the Defendant’s representative’s domicile on June 11, 2018.