1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On February 4, 2014, the Plaintiff’s provisional seizure 1) among the construction works of reinforced concrete (hereinafter “instant construction”) among the construction works of Seo-gu Incheon R, S, and Btel located in T (hereinafter “instant construction work”).

A Co., Ltd. (hereinafter referred to as “A”) which is the debtor with the claim amount of KRW 117,397,500 as to material costs.

) The claim for the construction cost of this case against the Defendant, who is the garnishee, (hereinafter referred to as “claim for Attachment”).

(2) Of the above, the above court accepted the above application on February 13, 2014 and rendered a provisional seizure order on the claim, and the original copy of the decision on provisional seizure was served on February 17, 2014 to the Defendant.

Although the first instance court recognized the date of service of the original copy of the provisional seizure as " February 18, 2014," it is evident that the service date is February 17, 2014 according to the written evidence Nos. 12 and 13.

On the other hand, the first written argument of the first instance court stated to the effect that both parties do not dispute the delivery date “ February 17, 2015.” However, this appears to be a clerical error in the statement of “ February 17, 2014.”

B. On December 18, 2014, the Plaintiff applied for a payment order against A for the payment order for the said material price (Seoul Eastern District Court 2014 tea9305). On January 8, 2015, the above court accepted it and issued the payment order, and the payment order was finalized on January 28, 2015.

C. On February 5, 2015, the Plaintiff filed a request for the seizure and collection order (Seoul Eastern District Court 2015TTTT1980) to transfer the seized claim of this case to the provisional seizure on the basis of the above payment order, and the above court accepted it on February 9, 2015, and accepted it and issued the seizure and collection order of this case.

The order of seizure and collection was served on the Defendant, who is the garnishee on February 12, 2015. (No dispute over grounds for recognition exists.)