Text
1. The plaintiff's lawsuit against the defendant C, D, and E shall be dismissed, respectively.
2. The plaintiff's claim against the defendant B is dismissed.
3...
Reasons
Basic Facts
On October 18, 2019, the Plaintiff received the creditor’s claim attachment and collection order (the District Court Decision 2019Do12021 delivered on October 23, 2019) against G as the creditor, the debtor, and the third debtor cooperative (the District Court Decision 2019Do12021 delivered on October 23, 2019) on the basis of the authentic copy of H notarial deed No. 974, which was executed by a notary public against G Co., Ltd. (hereinafter referred to as “G”), based on the authentic copy of H notarial deed No. 974, 2018.
Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract for credit transfer and takeover with the content that the Plaintiff acquires KRW 400 million from Defendant G, as of August 3, 2018, among credit sales claims paid by G to the F Cooperative (hereinafter “Cooperative”), as of September 4, 2018, KRW 100 million as of September 1, 2018, KRW 100 million as of October 1, 2018, KRW 300 million as of October 10, 2018, and KRW 400 million as of November 30, 2018, respectively.
(2) On October 10, 2018, Defendant B sent to the cooperative by content-certified mail along with G’s certificate of seal impression, and on October 11, 2018, the content-certified mail of transfer-based agreement was sent to the cooperative as of October 11, 2018; and on November 30, 2018, the content-certified mail of transfer-based agreement reaches the cooperative on December 3, 2018.
A Co., Ltd. I (hereinafter referred to as “I”) received a creditor's decision on provisional seizure of claims against G, the debtor, G, and the third debtor as a cooperative (Seoul District Court 2019Kadan202630), and served the provisional seizure decision on September 16, 2019 on the provisional seizure of claims against G.
A cooperative shall on November 5, 2019.