Law Firm Cheongchul (Attorney in charge: Park Jong-han) applied for a provisional seizure of the receivables from the opposing party's claims against third parties, including claims for the price of goods and damages, to secure the claims of the client, and obtained a decision to approve the provisional seizure from the court.
The client in this case, after delivering goods to the opposing party, did not receive payment for the goods and proceeded with the lawsuit. During this process, they discovered that the opposing party was engaged in a lawsuit claiming goods payments and damages against a third party, and entrusted Cheongchul with the enforcement of those claims.
If one possesses claims against a debtor, they can enforce those claims to secure them, and the method of doing so is through preliminary injunctions such as provisional seizure. Assets of the debtor that can be subject to such preventive measures include claims the debtor has against other third parties, allowing for the seizure of those claims. In fact, such a debtor's claims can even include their claims for monetary judgments against third parties that are currently being pursued; thus, creditors can apply for a provisional seizure of those judgment amounts by designating them as the seized claims.
In this regard, Law Firm Cheongchul highlighted and argued that the client possessed a receivable against the debtor opposing party, that the opposing party had claims against a third party, the third debtor, for goods payments and damages, and that a lawsuit regarding those claims was in progress. Additionally, it emphasized that the opposing party had not paid for the goods for several years and had absolutely no intention of voluntarily fulfilling the obligations; it pointed out that if the opposing party were to receive a monetary claim from the third debtor, there was a very high likelihood that they would use it arbitrarily. The court accepted Cheongchul's opinion and rendered a decision to approve the provisional seizure of claims.
Typically, when seizing the assets of the opposing party, the targets are mostly real estate or bank deposit claims. However, if it is known that the opposing party holds claims against another third party, it is also possible to immediately seize those claims, and hence it should be pursued.
Cheongchul employs various methods to protect the interests of the client, and as a result, the client was able to secure their claims.



