1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance stated in paragraph (1) of this Article.

1. Basic facts

A. The defendant's status is an organization that collects royalties and distributes them to the truster upon obtaining permission for copyright trust management business pursuant to Article 105 (1) of the Copyright Act and managing music copyright in trust from music copyright holders.

B. (1) C has transferred the right to claim the distribution of royalties to the Defendant (hereinafter referred to as “transfer of first claim”) around September 2014, after having entrusted his music copyright to the Defendant, and having transferred the right to claim the distribution of royalties to the Defendant (hereinafter referred to as “transfer of first claim”).

(2) On November 2, 2016, D transferred the right to claim the distribution of royalties to the Defendant to the Plaintiff.

(hereinafter “transfer of second claim”). Afterward, the Defendant paid the Plaintiff user fee from December 2016 to March 2017.

C. On March 20, 2017, E claimed that the transfer of claim 1 was a fraudulent act, and filed a provisional injunction against D on March 20, 2017 (Seoul Southern District Court 2017Kadan201062) with D, and received a ruling of acceptance on March 27, 2017. On March 31, 2017, E withdrawn the application for provisional injunction on June 20, 2017, E withdrawn the application for revocation of the said provisional injunction and withdrawn the lawsuit for revocation of the said fraudulent act on July 13, 2017.

Accordingly, the Defendant reserved the payment of the Plaintiff’s total of KRW 22,791,076 from April 2017 to July 2017.

3) The F Co., Ltd., the creditor against C (hereinafter “F”)

On July 13, 2017, D filed a lawsuit against D for revocation of fraudulent act with respect to assignment of the first claim (Seoul Eastern District Court 2017Kahap106938) and an application for provisional disposition with respect to prohibition of disposal (Seoul East Eastern District Court 2017Kadan51672), and the above application for provisional disposition was filed.