Assignment Order and the time when the entire claim exists;

Even if the assignment order does not exist at the time of the application for an assignment order, it is sufficient if the assignment order is served on the third obligor and its validity occurs.

Articles 564 and 563(4) of the Civil Procedure Act

[Defendant-Appellee] Plaintiff 1

[Defendant-Appellant] Korea Electric Power Corporation, Counsel for defendant-appellant

Seoul High Court Decision 76Na2422 delivered on November 26, 1976

The appeal shall be dismissed. The costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

Article 564 of the Civil Procedure Act provides that the assignment order of a claim shall be valid only in cases where the assignment order is served on the third party (Article 563(4) of the Civil Procedure Act), but even if the assignment order does not exist at the time of the application for an assignment order, it shall be interpreted that it is sufficient if the assignment order exists when the assignment order was served on the third party (Article 563(4) of the Civil Procedure Act) and its effect takes effect. In this purport, the non-party applied for a seizure and assignment order of the construction remuneration claim against the defendant of the non-party Samyang Development Co., Ltd., and the order was issued on May 10, 1973 when the order was not yet concluded, but the assignment order was concluded on May 13, 1973 when the contract for construction work was served on the third party, and the assignment order of the above non-party's claim was concluded on the 12th of May 13, 1973 when the assignment order was issued, and thus the judgment of the court below is justified.

Therefore, the appeal shall be dismissed and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Tae-won (Presiding Justice)