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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The claim for vehicle transport charges against the Defendant, Co., Ltd. from July 26, 2018 to August 3, 2018, is KRW 22,80,000 as of September 10, 2018 (hereinafter “instant claim”).
B. On October 12, 2018, based on the executory exemplification of the notarial deed with respect to E Co., Ltd., the Plaintiff received a seizure and collection order against the claim of KRW 22,800,000 against E against the Defendant of the Seoul Southern District Court 2018TJ 13214 (the obligee, the obligor E, the garnishee, the garnishee, the Defendant, and the claimed amount of KRW 22,80,000).
(hereinafter “instant seizure and collection order”). C.
The instant order of seizure and collection was served on October 16, 2018 on the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is liable to pay 22,80,000 won and damages for delay in accordance with the collection and seizure order of this case.
B. Since the Defendant-Appellant E transferred the instant claim to F and G prior to the delivery of the instant seizure and collection order, the instant seizure and collection order has no effect.
C. 1) Determination 1) If an obligor satisfies the requirements for setting up against the assignment of claims by a notice with a fixed date after transferring the claims subject to attachment or provisional attachment, even if other creditors of the obligor’s subsequent attachment or provisional attachment were to have no effect of attachment or provisional attachment as it had not existed at the time of the attachment or provisional attachment, or as a whole, considering the overall purport of pleadings in each of the statements in evidence Nos. 1 through 5, E transfers to F and G, and on September 10, 2018, it is recognized that the Defendant received a notice of assignment of claims by content-certified mail to the Defendant on September 11, 2018, and thus, the attachment and collection order of this case is against the claims already transferred.