1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation as to the instant case is as follows, except for the Plaintiff’s addition of “2.0 additional determination” as to the allegations added by the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. The Plaintiff asserted that, as the Plaintiff’s additional determination was made on May 8, 2015, “the cash custody certificate of May 8, 2015 (hereinafter “the cash custody certificate of this case”) was merely an assignment of claims not subject to a fixed date, and that is merely an assignment of claims without a fixed date, and that was made on April 11, 2017 in Seoul Eastern District Court 2016Kadan19030, which was raised by E against the Defendant, the conciliation was established, and thus, a transfer with a fixed date that should have been made at that time. However, the Plaintiff’s seizure and assignment order of this case was served on the Defendant on August 12, 2016, and the Plaintiff’s obligation of seizure and assignment order of this case.

According to Article 450 of the Civil Code, the assignment of nominative claim is not effective against the obligor or any third party unless the transferor notifies the obligor or obtains the obligor's consent (Paragraph 1), and the above notification or consent is not effective against any third party other than the obligor unless it is based on the certificate with a fixed date (Paragraph 2). The "fixed date" in this context refers to the legally recognized date which can be the complete evidence of the date prepared, and the parties are unable to change later, and the third party has no opposing power as a result of the notification of the transfer of nominative claim or the certificate with no consent, but if the certificate has obtained the fixed date later, the opposing power against the third party.