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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff is a creditor of New Zealand Tourism Co., Ltd. (hereinafter referred to as “New Zealand”), and the Defendant is a school juristic person that operates the common university and the common territory university.
On February 2, 2016, the Defendant entered into a contract with New Zealand to entrust the operation of a city-based bus and a city-based bus in 2016 at the Sang-si University and Sang-gu University in New Zealand.
(hereinafter “instant contract”). From among the claim amount of school subsidies to be received from a third party obligor under the jurisdiction of the third party obligor (Jurisdiction: the Superior University) and the third party obligor under the service contract for school buses, the Plaintiff filed an application for the attachment and order of all of the claims amounting to KRW 310,32,50 with the debtor for the following claims pursuant to the notarial deed No. 254, 2017, signed by a notary public, signed between New Zealand and the third party as the defendant on the basis of the notarial deed No. 254, 2017, 310,322,50 (Seoul Eastern District Court Decision 2017Ma5439), the court accepted the above application on May 23, 2017.
(hereinafter “instant attachment and assignment order”). The instant attachment and assignment order became final and conclusive on May 25, 2017, and on June 27, 2017, after being served on New Zealand on June 19, 2017, respectively.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, 5, 10, Eul evidence No. 10, and Eul evidence No. 1 (including serial numbers; hereinafter the same shall apply), and the whole purport of the pleading are legally issued and confirmed through the procedure. However, in order for the entire claim to be transferred to the whole creditor, the entire claim must exist, i.e., the debtor's claim against the third debtor, as of the time of service to the third debtor, which is the effective date of the assignment order (Article 231 of the Civil Execution Act), and the claim for the whole amount based on the seizure and assignment order.