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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 1, 2014, the Plaintiff: (a) obtained a provisional attachment order on the claims for construction cost to be received after construction work at the domestic pre-site from D, such as the obligor and D’s claim of KRW 81,293,983, such as construction materials rent under a lease agreement as of February 5, 2014; and (b) around that time, the said decision became final and conclusive (Scheon District Court Gangnam Branch Branch 2014Kadan1327) (2) around July 12, 2016, the Plaintiff transferred the said provisional attachment to the obligor and D’s third-party obligor, and the remainder of KRW 16,541,210, as well as the above provisional attachment order; and (c) around that time, the said provisional attachment order became final and conclusive as of July 12, 2016.
(Secheon District Court 2016 Miscellaneous Branch Court 2011). (b)
On January 7, 2015, the Defendant entered into a contract with C on the assignment of claims stated in the purport of the claim, and C notified D in writing with a fixed date on January 8, 2015, and D was served on January 9, 2015.
C. On April 15, 2015, D deposited 287,629,602 won, including Defendant C, as deposited on April 15, 2015. The Plaintiff’s order of provisional seizure against the said claim and the Plaintiff’s request for direct payment of KRW 16,857,500 against the Defendant was clearly stated as the reason for deposit. The amount of debt stated C was KRW 357,540,000 in total, and KRW 357,540,000 in total. 2) D filed an application for correction of the list on the ground that attachment was omitted prior to the date of deposit, but this was not accepted, which was bound by the record.
The phrase “assigning the Defendant’s assignment of claims” was written in the remarks (attached documents, etc.) and the “a list to be added” was written in the date of delivery of the assignees and the assignees and the assignees and the assignees and the assignees and the assignees and the assignees and the assignees are written in
C .the definitions of this Section.