Whether a final and conclusive judgment constitutes a certificate with a fixed date under Article 450(2) of the Civil Act and Article 3(4) of the Addenda (affirmative)

When a final and conclusive judgment in favor of a debtor is obtained in a claim suit filed by a creditor against a debtor after the assignment of credit without a certified fixed date, it is impossible for the transferor, transferee, and debtor to infringe upon a third party's rights retroactively from the date of notification or consent due to the collusion of the transferor, transferee, and debtor. In this case, the final and conclusive judgment falls under a document with a certified fixed date under Article 450 (2) of the Civil Act and Article 3 (4) of the Addenda (Act No. 471 of February 22, 1958).

Article 450(2) of the Civil Act, Article 3(4) of the Addenda ( February 22, 1958)

Plaintiff (Attorney Han-chul et al., Counsel for the plaintiff-appellant)

[Defendant-Appellee] The Youngyang-gu Association of Korea (Attorney Yoon Sung-chul et al., Counsel for defendant-appellee)

Gwangju High Court Decision 95Na7849 delivered on June 19, 1997

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the reasoning of the judgment below, the court below found, based on its adopted evidence, that the non-party 1 who entered into a contract for the construction of the defendant church with the defendant and carried out the construction work transferred the claim for the construction price to the non-party 2, and the non-party 2 transferred it again to the non-party 2; the non-party 2 filed a lawsuit against the defendant for the claim for the construction price against the non-party 2, "the defendant shall pay 646,180,809 won to the non-party 2 as the construction price." After this final judgment, the court below accepted the fact that the plaintiff received the attachment and order in whole as to the non-party 1's claim for

In light of the records, the fact-finding by the court below is just and acceptable, and there is no error in the misconception of facts or in the omission of reasoning by violating the rules of evidence. The ground of appeal pointing this out cannot be accepted.

In addition, when the assignee obtains a final and conclusive judgment in favor of the debtor in the claim for the transfer money which was filed against the debtor after the assignment of credit which is not based on the fixed date, it is impossible for the transferor, transferee, and debtor to infringe upon the third party's rights retroactively from the date of notification or consent due to the collusion. In this case, the final and conclusive judgment with the fixed date mentioned in Article 450 (2) of the Civil Act and Article 3 (4) of the Addenda to the Civil Act (Act No. 471 of Feb. 22, 1958), the final and conclusive judgment falls under the certificate with the fixed date mentioned in Article 450 (2) of the Civil Act and Article 3 (4) of the Addenda to the Civil Act. Therefore, even if the transfer (or assignment order) by the fixed date after the final and conclusive judgment

With respect to the Plaintiff’s assertion that Nonparty 2’s acquisition of claim cannot be asserted against the Plaintiff with a fixed date on the premise that the acquisition of claim by Nonparty 2 did not follow the fixed date, since the court below erred in the misapprehension of legal principles as to the opposing power of the transfer of claim in the judgment of the court below, but it is justified in rejecting the reasoning of the judgment, and

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee In-hee (Presiding Justice)