1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment of the court of first instance to the judgment of the court of first instance as to the defendant's additional argument at the court of first instance under section 4, 17 of the judgment of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is

2. Judgment on the defendant's additional assertion

A. Since the notice of the transfer of the instant claim to the obligor E and F by the joint Defendant B (hereinafter “B”) in the first instance trial on the summary of the claim, the assignment of the claim to the Defendant in B is not based on the certificate with a certified fixed date, and thus, the assignment of the claim to the Defendant in

Therefore, the defendant, who received the decision of provisional seizure against the claim of this case, has the right to receive dividends in proportion to the amount of the claim.

B. In the case of the transfer of nominative claim, the notification or consent by the certificate with the fixed date is merely a requisite for setting up against the third party, and the validity of the transfer of nominative claim is not a requirement for setting up against the third party, and the third party other than the debtor here refers to the person who has acquired the legal status that cannot be compatible with the status of the transferee in relation to the claim in question. Thus, the notification or consent by the certificate with the fixed date does not need to be required

(see Supreme Court Decision 81Da134, Feb. 22, 1983). As seen earlier, with respect to the instant case, the Health Team: (a) notified the Defendant of the transfer of the instant claim; (b) around November 30, 2014 after the transfer of the instant claim to E and F; and (c) the Defendant received the decision of provisional seizure of the instant claim after the notification of the transfer; and (d) the Defendant received the notification of provisional seizure of the instant claim.

According to the above facts of recognition, the above assignment of claims between the defendant and B is valid without the notification or consent by a certificate with a fixed date, and the provisional seizure of claims by the defendant against the claims of this case executed after the above assignment of claims is made.