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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. The Plaintiff, as the Incheon District Court 2014Kahap10096, issued a provisional attachment order on the claim against A and the third obligor amounting to KRW 500,00,000 with respect to “A sells cosmetics cases, etc. to the Defendant and has yet to be received, and the price for goods sold and to be received in the future” (hereinafter “the provisional attachment order on the claim of this case”). The original copy of the provisional attachment order on the claim of this case was served on the Defendant on May 2, 2014.
B. The Plaintiff filed a lawsuit against A for damages claim by the Incheon District Court 2014Gahap54843.
On June 18, 2015, the Incheon District Court rendered a decision in lieu of conciliation that “A shall pay the Plaintiff KRW 593,391,200,00 to July 30, 2015, and if delay, it shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the above payment date to the day of full payment.” The above decision became final and conclusive because the Plaintiff and A did not raise any objection.
C. On October 8, 2015, the Plaintiff, based on the above decision, received a provisional attachment and a collection order (hereinafter “instant claim seizure and collection order”) from the Incheon District Court 2015TTTY 503760 to the obligor A and a third debtor as the Defendant, and the original copy of the decision was served on the Defendant on October 14, 2015, with the purport that “A transfers a provisional attachment of KRW 500,000,000, out of the proceeds of goods sold and received in the future and the proceeds of goods sold in the future, and additionally seizes KRW 110,927,930, out of the same bonds, and grants the collection authority to the above bonds.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The plaintiff alleged that he had the claim against the defendant A for the seizure and collection order of this case as to the claim for the price of goods.