Successful Case of Transferring Provisional Attachment to Principal Attachment and Obtaining a Collection Order
26-07-08 26
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1. Case Overview
The client lent money to the debtor but was not repaid. Consequently, the client proceeded with a lawsuit for the return of the loan and secured an enforceable judgment. Afterward, the client discovered that the debtor had a claim to receive proxy payment funds for a hospital deposit from a third-party debtor, and provisionally attached this claim.
The core issue was to swiftly transfer the provisionally attached claim of 120 million KRW to a principal attachment and legally block the third-party debtor from voluntarily paying the funds to the debtor, thereby securing practical collection authority.
Based on the enforceable judgment, Law Firm Theo strongly filed an application with the court for a writ of attachment and a collection order to transfer the existing provisional attachment to a principal attachment. In particular, we demanded measures to prohibit the third-party debtor from paying the debtor and to completely block the debtor's disposal of the claim.
4. Result of Assistance
The court accepted all of Law Firm Theo's applications, ruling to transfer the provisional attachment on the claim listed in the attached appendix to a principal attachment, and legally authorizing the client to directly collect the 120 million KRW.
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