The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

The grounds of appeal are examined.

1. After finding the facts as indicated in its reasoning, the lower court rejected the Plaintiff’s claim for collection against the Defendant, on or before April 7, 2014, on the ground that, prior to the delivery of the provisional attachment order of this case to the Defendant, the claim amounting to KRW 77,04,00,000 had already been paid KRW 577,400 from the Defendant and transferred the claim amounting to KRW 77,045,00 from the Defendant to a third party; and that, thereafter, the Aar Construction was deemed to have received the full amount of the claim for the construction cost. Accordingly, the Plaintiff’s claim for the construction cost against the Defendant of Aar Construction under the instant construction contract was deemed to have been extinguished before the provisional attachment

2. However, this decision of the court below is not acceptable for the following reasons.

According to Article 450 of the Civil Code, the assignment of nominative claim cannot be set up against the third party other than the obligor unless it is based on the obligor's certificate with a fixed date without notifying the obligor of the assignment or consent of the obligor.

In addition, even if the assignment of claims with a fixed date is notified, the order between the transferee of the claim and the person who executed the provisional seizure or seizure order for the same claim shall be determined by the notification of the assignment of claims with a fixed date and the order after the arrival of the garnishee of the provisional seizure

(See Supreme Court en banc Decision 93Da24223 delivered on April 26, 1994, etc.). B.

The judgment below

According to the reasoning and the record, the Defendant operating C Hospital entered into the instant construction contract between the Naart Construction and the C Hospital on June 30, 2013. On March 5, 2014, the Plaintiff agreed to change the construction amount to KRW 650 million on March 5, 2014, and ② the Plaintiff’s claim amount of KRW 32,615,000 for the Naart Construction as the claim amount.