1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On June 25, 2013, the Plaintiff received the claim for the construction cost (hereinafter “claim in this case”) from Hyundai Elevators Co., Ltd. (hereinafter “Madwon Elevators”) for Hyundai Elevators Co., Ltd. (hereinafter “Madwon Elevators”), and the light source elevator notified the fact of the assignment of the claim in this case to Hyundai Elevators. On July 18, 2013, the notification of the said assignment of claim was served on Hyundai Elevators.

B. On the other hand, prior to the notification of the assignment of the above assignment, ① Defendant Geum River Service Co., Ltd. received the provisional attachment order on June 17, 2013 with the claim claim amounting to KRW 20,425,140 with Seoul Southern District Court 2013Kadan5472, Seoul Southern District Court 201. The provisional attachment order was served on Hyundai Elevator on June 19, 2013.

② On July 8, 2013, Defendant Jinsan Steel Co., Ltd. received a provisional attachment decision regarding the instant claim at KRW 47,581,050, with the claim claim amounting to KRW 2013Kadan3427, Suwon District Court’s Ansan Branch. The provisional attachment decision was served on Hyundai Elevators on July 10, 2013.

C. Accordingly, on July 29, 2013, Hyundai Elevator deposited KRW 55,220,000 of the instant claim amount by mixing with the Plaintiff’s notification of the assignment of claims, as the head of Incheon District Court Branch Branch of the District Court, No. 3208 for reasons of the competition of provisional attachment creditors on July 29, 2013.

Since August 6, 2013, the Plaintiff received a seizure and collection order of the instant claim (hereinafter “instant seizure and collection order”) with respect to the instant claim, with the amount claimed as KRW 145,60,000 based on the authentic copy of the notarial deed with executory power of No. 513, 2013, a notary public under the name of the Gwangju District Court Branch Branch Office 2013TTY 9263, August 6, 2013. The instant claim was served on Hyundai Elevators on August 7, 2013.

E. Defendant Geumgang-gu, Inc., Ltd., was the third obligor to the Republic of Korea on September 27, 2013 with Seoul Southern District Court 2013TTT1901.