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1. A transfer contract between the Defendant and C on the claims indicated in the separate sheet concluded on November 7, 2017.
Reasons
1. Basic facts
A. On September 25, 2017, the Plaintiff: (a) supplied goods to C (hereinafter “Nonindicted Company”) by September 25, 2017; (b) the unpaid goods amount reached KRW 101,133,199.
On January 23, 2018, the Plaintiff received a decision of provisional seizure of claim against Non-Party Company D (hereinafter “D”) on January 23, 2018, the Busan District Court Branch Decision 2017Kadan2258, which requested payment order against Non-Party Company. On January 8, 2018, the Plaintiff received payment order from Non-Party Company as Busan District Court Branch Branch of Busan District Court Decision 2017Hu333, Jan. 8, 2018. The above payment order was finalized on January 27, 2018.
Accordingly, upon the final payment order, the Plaintiff requested the Busan District Court Branch Branch 2018TTT1981 to order the seizure and collection of the claim that is transferred to the provisional seizure as the principal seizure. On March 7, 2018, the Plaintiff received the seizure and collection order.
The above order of seizure and collection was served on D, the garnishee, April 24, 2018.
B. On November 7, 2017, Nonparty Company transferred to the Defendant the claim for construction price of KRW 70 million against D (a claim stated in the attached list, and under the following, “instant claim”) and notified D of the fact of transfer.
(hereinafter referred to as “transfer of claims of this case”)
D On April 27, 2018, the deposited amount of KRW 50,545,450 for the construction cost payable to the non-party company was designated as the “non-party company or the defendant” and deposited as the Busan District Court’s Seo branch in accordance with the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act.
D As above, while depositing the same, there is a "transfer and seizure order", and the assignment of claims takes precedence over the assignment of claims upon arrival of the notice of assignment of claims. However, there is any question as follows with regard to the validity of the assignment of claims
First, the claim for construction cost against D by the non-party company is not a claim of the nature of transfer.