Where claims have been transferred, whether seizure of claims is lawful

In case where the assignment of claims is valid by a certificate with a fixed date prior to the delivery of the notice of attachment, the notification of attachment of claims shall be invalidated as it is seized.

The contents of the decision shall be the same as attached.

1. The Defendants confirm that ○○○ System Co., Ltd., Ltd., on September 18, 2007, deposited KRW 18,119,70 out of KRW 52,971,578 deposited by the Seoul East Eastern District Court No. 4050 on September 18, 2007, the claims for payment of deposited money against the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

The same shall apply to the order.

1. Grounds for claims: To be as shown in attached Form;

2. Defendant 1: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

2. 2, 3, 5, 6: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

4. 4: Fact that there is no dispute, and fact finding by entry of Gap evidence 1 to 4.

Grounds of Claim

1. The reason why the depositor, non-party corporation, ○○ System, etc., made the deposit of this case;

A. The ○○○○ Co., Ltd. had the obligation to pay for the goods of KRW 52,971,579 against Defendant 1-Co., Ltd., but there was a fact that the creditors of Defendant 1-Co., Ltd. were executing provisional seizure against the claims as follows.

A. L. L. L.I.

(1) Provisional seizure (Seoul Southern District Court 2007Kadan998)

§ 3000 ○○○ Stock Company

Mana Mau3000 ○○○

3 Obligor Doz 3000 Stock Company ○○ System

Amount of request u300 gold 29,247,900

service date u300 on July 9, 2007

(2) Notification of assignment of claims.

Domen Doz 3000 ○○○○

Magna Ma3000 Magna

Transfer Claim Amount of KRW 25,200,000

service date u300 on July 12, 2007

(3) Notification of assignment of claims.

Domen Doz 3000 ○○○○

Man Ma3000 U.S. Dona

Amount of transferred bonds KRW 18,119,700

service date u300 on July 18, 2007

(4) Notice of seizure of claims.

Dogna Mau 3000 Madong Dogran

Mana Mau3000 ○○○

3 Obligor Doz 3000 Stock Company ○○ System

Man Mau 300 Hun 105,925,850 won

service date u300 on July 26, 2007

(5) Notification of seizure of claims.

Dogna Mau 3000 Madong Dogran

Mana Mau3000 ○○○

3 Obligor Doz 3000 Stock Company ○○ System

Man Mau 300 Hun 105,925,850 won

service date u300 on July 26, 2007

(6) Provisional seizure (Seoul Eastern District Court 2007Kadan7825)

§ 3000 Kim 100

Mana Mau3000 ○○○

3 Obligor Doz 3000 Stock Company ○○ System

Amount of request c u300 c 5,000,000

service date u300 on August 7, 2007

(7) Provisional seizure (Seoul Eastern District Court 2007Kadan8362)

§ 300 new Doz. 40

Mana Mau3000 ○○○

3 Obligor Doz 3000 Stock Company ○○ System

Amount of request u300 gold 9,968,100

service date u300 on August 22, 2007

B. Therefore, the ○○○○ Co., Ltd., Ltd.: (a) is unable to clearly ascertain the authenticity of the above provisional attachment claims and transfer claims, or the authenticity of the preferential claims, and thus, it is difficult to clearly know to whom the price of the goods should be paid, and thus, (b) deposit money is made on the ground that the creditor is unable to receive reimbursement under Article 487 of the Civil Act

In addition, in order to discharge obligations against subordinated provisional attachment claims at the same time, execution deposits have been made pursuant to Article 248(1) and Article 291 of the Civil Execution Act.

2. The plaintiff's ground for appeal

A. The Plaintiff entered into a contract on July 11, 2007 with a claim transfer/acquisition 18,119,700 won among the claim for the amount of 18,119,700 won among the claim for the amount of goods against the non-party 1. ○○○○○○ Co., Ltd.’s ○○○○○○○○ Co., Ltd.’s claim against the non-party 1. ○○○○ Co., Ltd.’s ○○○○○○, Inc.’s ○○○○ Co., Ltd.’s ○○○○○○ Co., Ltd.’s ○○○○○○ Co., Ltd.’s claim transfer/acquisition

B. Accordingly, the plaintiff secured the right of the third-order provisional attachment (amounted to KRW 29,247,90, creditor 00, KRW 25,200,00, KRW 200, and KRW 18,119,700) following the second-order assignment of claims (the amount of transferred claims, KRW 25,20,00, KRW 200).

C. On the other hand, after July 18, 2007, the delivery date of the above plaintiff's notice of transfer and takeover of claims, the two orders of seizure were served on July 26, 2007 on the grounds of delinquency in tax payment in the defendant 4.Seongdong Tax Office, respectively. The letter of the provisional seizure order of claims filed by the defendant 5. Magdong Tax Office was served on August 7, 2007, and the letter of the provisional seizure order of claims filed by the defendant 6. Magdong Tax Office was served on August 22, 2007.

Thus, the service of the seizure, etc. on the above defendant 4.5.6 is null and void. The reason is that, in the case where the assignment of claims is valid by the certificate with the fixed date prior to the service of the seizure order, the seizure order may be the seizure of the non-existent claim.

D. In addition, the plaintiff filed a subrogation application against the defendant 2. ○○○○ Co., Ltd., the above-mentioned provisional attachment authority, and the decision of the order to file a lawsuit was made (Seoul Southern District Court 2007Kadan3725). The provisional attachment order of the above-mentioned provisional attachment was revoked (Seoul Southern District Court 2008Kadan2930) as of March 3, 2008 because the defendant 2. ○○ Co., Ltd., the provisional attachment authority did not file a lawsuit within the period under the above order.

E. Thus, prior to the plaintiff's priority, this is the plaintiff's priority in relation to the remaining amount, except for the claims of the notice of assignment of claims (25,200,000 won in the amount of transferred claims, and the transferee ○○).

3. Conclusion

Therefore, the Plaintiff, as a legitimate transferee of the above goods, has reached the claim of this case for the purpose of receiving deposit money of KRW 18,119,700, which is part of the deposit money deposited in the purport of deposit by the non-party ○○○ corporation.