Provisional Attachment & Injunction Lawyer | Freezing assets before the lawsuit even starts

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.

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

Provisional Attachment & Injunction | How Fees Are Calculated

※ 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

Frequently Asked Questions

Official References

• Korea Law Information Center — https://www.law.go.kr
• Easy-to-Find Everyday Legal Information — https://easylaw.go.kr
• Korea Legal Aid Corporation — https://www.klac.or.kr