Provisional Attachment & Injunction Lawyer
Provisional Attachment & Injunction Lawyer | Freezing assets before the lawsuit even starts
Provisional attachment (가압류) and provisional injunction (가처분) are pre-judgment protective measures under Korean civil enforcement law that stop a debtor from disposing of assets, or freeze a disputed status quo, while the main case proceeds. Because a final judgment can take a year or more, these procedures exist to prevent the win from becoming meaningless (민사집행법 제276조, 제300조). Courts grant them on a lower evidentiary standard than a full trial, but require the applicant to show a plausible claim and a real risk that enforcement will become impossible without the order.
Provisional Attachment & Injunction | Provisional Attachment vs. Provisional Injunction
Both are 'provisional' remedies obtained before or during a lawsuit, but they protect different things. Choosing the wrong one wastes time and the bond deposit, so matching the remedy to your actual claim matters.
| Protects | Future ability to collect a money judgment |
| Typical targets | Bank accounts, real estate, shares, receivables |
| Standard | Plausible monetary claim + risk of dissipation |
| Basis | 민사집행법 제276조 |
Used when the core dispute is a debt, damages, or unpaid payment claim; the goal is simply to make sure there is something left to seize later.
| Protects | A specific asset, position, or legal status |
| Typical targets | Real estate disposal ban, share voting ban |
| Standard | Plausible non-monetary right + urgency |
| Basis | 민사집행법 제300조 제1항 |
Common in disputes over ownership registration, contract performance, or corporate control where money later would not undo the harm.
| Protects | An ongoing relationship pending final ruling |
| Typical targets | Suspension of dismissal, director's duties, construction halt |
| Standard | Necessity to prevent significant harm or imminent danger |
| Basis | 민사집행법 제300조 제2항 |
Often used in employment, corporate governance, and construction disputes where the parties need an interim rule while litigation continues.
Provisional Attachment & Injunction | What the court actually checks before granting the order
Korean courts do not hold a full trial before granting provisional attachment or injunction, but they still review two things carefully: whether your underlying claim looks plausible, and whether there is a real need for urgent protection.
Plausibility of the underlying claim (보전의 필요성 이전 단계)
You must show the court a reasonably grounded basis for your claim — a contract, invoice, loan document, or similar — not full proof of winning the main case. Courts assess this on the papers and attached evidence rather than through witness examination, so how you organize your documentary evidence matters more than at a normal trial stage.
Necessity of preservation (보전의 필요성)
For attachment, you must show a concrete risk that the debtor will sell, transfer, or hide assets before you can enforce a future judgment (민사집행법 제277조). For injunction, the standard shifts to whether delay would cause significant or irreparable harm (민사집행법 제300조). Vague fear that 'something might happen' is usually not enough — courts look for specific facts, such as a pending sale contract or an imminent shareholders' meeting.
Ex parte review and speed
Most provisional attachment applications are decided without notifying the other side first (ex parte), precisely because advance notice would let the debtor move the assets. Provisional injunctions involving disputed facts more often involve a hearing where both sides are heard, especially for status-quo type injunctions affecting employment or corporate matters.
Provisional Attachment & Injunction | Documentation and the security deposit (지급보증보험/현금 공탁)
Two practical hurdles decide whether an application succeeds and how fast it moves: the strength of your documentary evidence, and your ability to post the security bond the court sets.
Building the evidence package
Courts decide primarily on paper, so contracts, messenger/email records, ledgers, deposit slips, and any prior demand letters carry significant weight. If the claim rests on an oral agreement, corroborating circumstantial evidence (transaction history, witness statements in affidavit form) becomes critical because there is no live cross-examination at this stage.
Why courts require a bond
Because the order is granted quickly and can seriously restrict the other party's property rights before their claim is fully tested, courts typically require the applicant to post a bond — cash or a guarantee insurance policy — to cover potential damages if the underlying claim later fails (민사집행법 제280조 제3항 준용 관련 실무). The bond amount is usually set as a percentage of the claim amount and varies by court and case type.
What happens if you guessed wrong on the target
If you attach the wrong account or the wrong property, or the debtor successfully argues the risk was speculative, the order can be revoked, and you may be exposed to a damages claim from the other side for wrongful attachment (민법 제750조 일반 불법행위책임 관련 실무). This is why identifying the right target assets before filing — not after — meaningfully changes the outcome.
Provisional Attachment & Injunction | Responding when your assets have been frozen
Provisional attachment and injunction orders are typically issued without a hearing, which means many respondents first learn about the freeze after their bank account is already blocked. There are several formal ways to challenge or limit the order.
Filing an objection (이의신청)
You can file an objection against the provisional order itself, arguing that the underlying claim is not plausible or that preservation was not actually necessary (민사집행법 제283조, 제301조). This reopens the question the court decided quickly and ex parte, now with both sides able to argue.
Requesting cancellation for changed circumstances (사정변경에 의한 취소)
If the situation has changed — for example, the underlying lawsuit was dismissed, settled, or the claimant failed to file the main suit within the court-ordered period — you can seek cancellation of the order (민사집행법 제287조, 제288조). Deposit of a counter-security by the respondent can also be a basis to release an attachment in certain cases.
Practical steps once notified
Identify exactly which accounts or assets are frozen and to what amount, since attachment often exceeds what is strictly needed to cover the claim, and a partial release can sometimes be negotiated or ordered. Acting quickly matters because ongoing business operations, payroll, or contractual deadlines can be affected while the freeze remains in place.
Provisional Attachment & Injunction | From Filing to Enforcement
We review your underlying claim and identify which specific assets (bank account, real estate, shares) are worth targeting, since courts require you to specify the target with reasonable precision.
We prepare the application with supporting evidence and calculate the likely bond amount, then arrange a guarantee insurance policy or cash deposit as the court requires.
The court reviews the papers, often without a hearing for attachment, and issues a decision — granting, requiring supplementation, or dismissing the application. This stage can move within days to a few weeks depending on complexity.
Once granted, the order must actually be served or registered against the specific asset (e.g., sent to the bank, registered at the land registry) to take effect; a decision alone does not freeze anything automatically.
The provisional remedy is not the end of the case. If you have not already filed the main lawsuit, the debtor can request the court set a deadline for you to do so, or risk cancellation of the order (민사집행법 제287조).
Provisional Attachment & Injunction | How Fees Are Calculated
Generally set based on the claim amount and the complexity of identifying and documenting target assets, since asset-tracing work varies significantly case by case.
Filing fees and, for real estate or share attachment, registration-related costs are calculated separately from attorney fees and paid to the court or registry.
This is not an attorney fee but a deposit or guarantee insurance premium required by the court, refundable in most cases once the case concludes without a finding of wrongful attachment.
If applicable, typically tied to the outcome of the underlying main lawsuit rather than the provisional order itself, since the provisional remedy is a preliminary step, not a final resolution of the dispute.
Objections, cancellation motions, or third-party claims raised by the other side may require additional work beyond the initial application, and are usually billed separately.
※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.
Provisional Attachment & Injunction | Self-Check Before You File or Respond
1️⃣ Before filing for provisional attachment
- Do you have documentary evidence (contract, invoice, messages) showing the debt or claim exists?
- Do you know specifically which bank account, property, or shares to target?
- Is there a concrete sign the debtor is about to sell or transfer assets, not just a general worry?
- Have you estimated whether you can afford the bond (cash or guarantee insurance)?
2️⃣ Before filing for provisional injunction
- Is your claim about a specific right or status, rather than simply money owed?
- Would monetary compensation later actually fix the harm, or is it truly irreversible?
- Is there an imminent event (meeting, deadline, construction date) that makes this urgent now?
- Do you have evidence supporting both the underlying right and the urgency?
3️⃣ If your assets were just frozen
- Have you confirmed exactly which accounts/assets and what amount are covered by the order?
- Has the claimant actually filed the main lawsuit, or only the provisional application?
- Are there grounds to argue the underlying claim is not plausible?
- Is the freeze causing an ongoing, provable harm (payroll, contract deadline) worth raising to the court?
4️⃣ After the order is granted
- Has the order actually been served on the bank or registered at the relevant registry?
- Have you calendared the deadline to file the main lawsuit if you haven't already?
- Do you have a plan for what happens if the other side objects or seeks cancellation?
