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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in the descriptions of evidence No. 1-2, evidence No. 1-2, evidence No. 2, evidence No. 2, evidence No. 3, evidence No. 4, evidence No. 1-1, No. 2, Eul No. 2, and evidence No. 1, evidence No. 2, and evidence No. 1.
On August 22, 2012, SPE (hereinafter “SE”) transferred (hereinafter “instant assignment of claims”) the sales claim amounting to KRW 135,513,249 (hereinafter “the instant claim”) against LSEC Co., Ltd. (hereinafter “LSC”) to the Plaintiff, and notified LSC of the instant assignment of claims. On August 23, 2012, the instant assignment of claims was notified to LSC.
B. On January 10, 2013, Defendant Han Metal Co., Ltd. (hereinafter “Defendant Co., Ltd”) received a decision to assign a claim amounting to KRW 28,763,140, the claim amounting to KRW 201,00,00,000,000, which is KRW 2013,00,000,000,000,000,000,000,000,000,000,000,000,000,000,
C. On January 22, 2013, pursuant to Articles 24 and 41(1) of the National Tax Collection Act, the head of Pyeongtaek-si Tax Office under the Defendant’s Republic of Korea attached the claims against Zke in order to collect the delinquent amount of KRW 102,882,170, including the value-added tax in arrears, etc., for which ZE is delinquent, and on January 24, 2013, the above attachment notification reached ZE. D.
Lrid paid KRW 20,00,000 to the Plaintiff who was notified of the assignment of the instant claim, and did not pay the remainder of KRW 115,513,249. After which, upon receiving the Defendants’ notice of assignment order and the notice of attachment, the creditors’ collection order or provisional attachment order as to the claim assignment order and the claim assignment order were served on the Plaintiff, and on February 7, 2014, the Defendant deposited KRW 115,513,249 with the deposited person as LAC or the Plaintiff on the ground that it was impossible for creditors to do so.