How to Attach a Bank Account | Attachment of a Bank Account and Other Claims, Attachment of Claim and Collection Order Granted for 150 Million Won

The client came to operate a transportation brokerage business together with Mr. A (hereinafter the debtor), whom the client had come to know through an acquaintance.

The two agreed to divide their roles and run the business, and the client provided funding by advancing the costs paid to the drivers.

The debtor was responsible for settling accounts with clients and agreed to organize the monthly profits and distribute them at a set ratio.

In the early period, monthly settlement statements were prepared, the costs advanced by the client were duly reimbursed, the profits were likewise distributed according to the agreed ratio, and the business operated relatively stably.

At a certain point, however, the debtor began to delay providing the settlement materials and delayed the payment of some costs and profits.

Although the client requested the payment records and the settlement basis, the debtor unilaterally excluded the client from the operation of the business without any specific explanation.

Beyond that, the debtor not only restricted access to internal records but also raised objections regarding the prior financial dealings and refused to pay.

The client filed a suit with the court seeking the return of the expenditures and obtained a final judgment confirming the return of the claim, but the debtor, despite the judgment, showed no intention to repay and made no voluntary payment.

Accordingly, in order to actually recover the funds, the client requested the assistance of a civil litigation attorney on how to attach a bank account.

1) Review of the Possibility of Enforcement Based on the Final Judgment

Based on the final judgment confirming the return of the claim that the client had obtained, the civil litigation attorney confirmed matters such as whether an execution clause had been granted and whether service had been completed, establishing that compulsory execution could proceed immediately.

The attorney also recalculated the principal of the judgment and the delay damages to clearly specify the amount actually subject to enforcement.

2) Analysis of the Debtor's Financial Assets and Specification of the Target of Attachment

Based on the financial transaction records identified in the course of operating the business and the accounts previously used for deposits, the attorney analyzed where the debtor's deposits were being used.

On this basis, the attorney specified the garnishee and argued that, among the methods of attaching a bank account, attachment of the deposit claim was the most effective means.

3) Argument as to the Urgency of the Attachment of Claim and Collection Order

The attorney emphasized that the debtor had not voluntarily repaid even after the judgment and substantiated the concern that the debtor might conceal or dispose of assets.

Through this, the civil litigation attorney argued the need for a prompt attachment of claim and collection order and requested an expeditious decision from the court.

Accepting the civil litigation attorney's arguments, the court issued an attachment of claim and collection order stating, "The debtor's deposit claim against the garnishee is attached, and the creditor may collect the attached claim."

Through this, the client was able to enforce against the debtor's financial accounts in accordance with the method of attaching a bank account, and was able to proceed with attachment and collection of a claim amounting to approximately 150 million won.

In order to proceed with the method of attaching a bank account, one must first secure a title of execution, such as a judgment or an order for payment.

Thereafter, one prepares the relevant documents and applies to the court for an attachment of claim and collection order; if the documents are deficient or missing, the procedure may be delayed, so it is important to prepare carefully in advance.

When the court grants the attachment and collection order, the funds in the debtor's account are frozen, and the creditor is paid the collected amount through the bank.

When proceeding with the method of attaching a bank account on one's own, one must first accurately confirm whether the title of execution has become final and the status of the grant of the execution clause.

If the specification of the garnishee is unclear or the account information is inaccurate, the application may be rejected or an order to correct may be issued.

In addition, if the amount claimed, including delay damages and enforcement costs, is not calculated accurately, a situation may arise in which part of the amount cannot be recovered.

Furthermore, because one must personally manage the steps following the application for the attachment of claim and collection order, including the service procedure, the documents to be submitted to the bank, and the request for payment of the collected amount, one should bear in mind that even a small mistake can delay the procedure considerably.

A civil litigation attorney accurately reviews the validity and scope of the title of execution and checks in advance whether compulsory execution can proceed.

The attorney also analyzes the structure of the debtor's financial transactions to design an effective method of attaching a bank account and composes the application for an attachment of claim and collection order in a legally precise manner.

In addition, the attorney collaborates with in-house accountants and tax accountants to enhance the accuracy of the amount calculations and to systematically manage interest calculations and the settlement of costs.

If you need the strategy of a civil litigation attorney regarding how to attach a bank account, please request our assistance through a 🔗consultation reservation with Daeryun, ranked the 9th-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service).