1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

Around March 20, 2012, the Defendant and the Defendant entered into an agreement on the recognition of the determination as to the cause of the claim (hereinafter referred to as “AS electronic”) with the effect that “AS electronic sells products of AS electronic and other products at a price determined by AS electronic according to the Defendant’s order, and the Defendant would pay the price on the 20th of the following month after receiving the products and other products.”

The Cho-Electronic did not receive KRW 51,540,336, out of the price of the household appliances sold to the Defendant from January 1, 2012 to June 30, 2014, and thus, it did not have a claim for the price of the goods (hereinafter referred to as “instant claim for the price of goods”).

On October 15, 2014, the Plaintiff was issued a provisional attachment order on the above goods-price claim against the Defendant of Cho-electronic, with the obligor’s Cho-electronic and third obligor’s KRW 26,00,000,000,000,000,000 won and KRW 377,512,969, and the decision was served on the Defendant around that time.

On March 17, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) against the instant goods-price claim under the Jung-gu District Court 2015TTT4171 based on the authentic copy of the judgment with executory power over the goods-price case. On March 20, 2015, the instant collection order was served on the Defendant on March 20, 2015.

[Reasons for Recognition] According to the facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, and 15 (including a serial number; hereinafter the same shall apply) and the facts of recognition as to the whole purport of the pleadings, the defendant is obligated to pay to the plaintiff as the collection obligee the amount of KRW 51,540,334 and damages for delay.

However, at the first instance court, the Plaintiff claimed a collection amount of KRW 51,540,334, and damages for delay incurred from July 1, 2014, as a claim for the collection amount according to the collection order of this case. On July 1, 2014, the Plaintiff claimed payment of the said amount.