Legal Q&A
Q
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The person I lent money to has not repaid it, so I intend to file a claim provisional attachment, and I am curious about the provisional attachment cost. I am curious about whether applying for a provisional attachment costs money and roughly how much I should prepare. I would also like to know whether there is a cost difference between a provisional attachment of real estate and an ordinary claim provisional attachment.
provisional attachment cost
Answer
Published:
Author : ChanWoo JEONG
When applying for a provisional attachment, various provisional attachment costs that must be paid to the court arise.
The provisional attachment cost varies depending on the type of provisional attachment, and basically the stamp fee, the service fee, and costs related to the provision of security arise.
First, the stamp amount imposed when applying for a provisional attachment is 10,000 won, and this amount is imposed identically even if a guarantee insurance policy is provided as security.
If you file through electronic litigation, a 10% discount is applied.
In addition, the service fee is calculated based on the fee for one service × the number of parties × 3 rounds.
For example, if there is 1 creditor and 1 debtor, you must pay in advance the fee for one service × 2 persons × 3 rounds = a total of 6 rounds of the service fee.
The fee for one service varies somewhat by court, but it is usually in the range of 3,000 won to 5,000 won.
For most provisional attachments, the court issues an order to provide security, and at this time the creditor must deposit the security in cash or submit a guarantee insurance policy.
A cash deposit is a method of paying the deposit directly to the bank within the court, and a guarantee insurance policy is a method of purchasing the policy from an agency of a guarantee insurance company and then submitting it to the court.
The guarantee insurance premium is usually about 1~2% of the security amount.
In addition, although it is not imposed on an ordinary claim provisional attachment, in the case of a provisional attachment of real estate, such as a leasehold right, a supplementary registration must be made, so a registration license tax, a local education tax, a registration fee, and the like additionally arise.
When actually applying for a provisional attachment, the total cost may vary depending on the nature of the case, the method of security, and the type of the target asset, so it is advisable to consult the court's civil affairs office or a legal expert before applying.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

SangWon YEO
T. 070-7510-1046
Experience as Presiding Judge (Criminal Appeals) at the Seoul Central District Court · Criminal/Sexual Offense/Civil Law Attorney
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