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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On September 14, 2012, the Plaintiff filed a lawsuit against C Co., Ltd. (D Co., Ltd. prior to the change; hereinafter “C”). On November 9, 2012, the said court rendered a judgment that “C shall jointly and severally with E pay to the Plaintiff the amount of KRW 5,452,975 per annum and 20% per annum from September 25, 2012 to the date of full payment,” and the said judgment became final and conclusive on December 4, 2012.
B. On January 3, 2013, C issued, to Company Directors, a promissory note (F, No. 460 of 2013) with a face value of 450,000,000 won in face value, each of the payee B, the place of issuance, and the place of payment, the date of payment, the date of payment, and the date of issuance, as of January 3, 2013. On February 22, 2013, C drafted an authentic deed of the Promissory Notes (F, No. 2013, No. 460 of 2013).
C At the time of the issuance of the Promissory Notes in this case, upon the issuance of the Promissory Notes in G, H, I, J, Pakistan Construction, New Zealand Co., Ltd., New Zealand Co., Ltd., Lee & branch industry, K, Maritime Steel Industry, 21st century Economic Research Institute, L et al., the obligees were liable for collection, compensation for damages, and construction cost, and there was no other active property.
C. B, on March 4, 2013, with the title of execution of the notarial deed of the instant promissory note, filed an application for attachment and assignment order of claims against the construction cost of landmark installation works (hereinafter “instant construction works”) to be paid by the Republic of Korea (the competent Regional Maritime Port Authority; hereinafter the same shall apply) by the Gwangju District Court 2013TTT 1848. The said court rendered a decision to accept the said application on March 5, 2013, and the said decision became final and conclusive around that time.
B On April 23, 2013, “B” transferred to the Defendant the instant construction cost claim amounting to KRW 450,000,000, based on a claim attachment and assignment order issued by the Gwangju District Court 2013TTT Branch 2013TTT 1848.