Where the entire claim is a claim subject to suspension, the effective date of an assignment order;

If the obligor’s entire obligation is a condition precedent claim, an assignment order also becomes effective when the condition precedent is fulfilled, and thus, the obligee’s claim cannot be considered to have been extinguished on the sole basis of the fact that the obligor’s obligation was repaid immediately by virtue of the fact that the obligor’s obligation was fulfilled.

Article 564 of the Civil Procedure Act

Applicant

Respondent

Seoul Civil District Court Decision 77Na1158 delivered on February 15, 1978

The appeal shall be dismissed. The costs of appeal shall be borne by the applicant.

The grounds of appeal by the applicant are examined.

In the reasoning of the judgment of the court of first instance as cited by the court below, the respondent has received a promissory note against the applicant based on the claim and again filed a lawsuit against the applicant based on the judgment of provisional seizure of the claim in its holding, and then received an order of seizure and all of the claim for dividends that the applicant received every month from the office of the office as a member of the joint office of Seoul Judicial Office outside the Seoul Judicial Office on August 17, 197 pursuant to the judgment of winning the lawsuit, but the non-applicant has already received the entire amount of the claim for dividends that amounting to 2,100,000 won from the above applicant's claim for dividends, which the respondent received after March 28, 1978. Since the above claim for dividends became effective as a result of no dispute between the parties and the above claim for dividends became a member of the joint office of the Seoul Judicial Office outside the Seoul Judicial Office after March 28, 1978, the court below's judgment that the above applicant's claim for provisional seizure had become invalid in its entirety because it is without merit.

Therefore, the appeal shall be dismissed, and the costs of appeal shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Jin- Port Co., Ltd. (Presiding Justice)