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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant was liable to pay KRW 14,800,000 for the base material purchase price and KRW 51,595,000 for the facility purchase price around March 2015, while engaging in the transaction of goods with Nonparty C.
On March 23, 2015, Nonparty C entered into a contract with the Plaintiff for the transfer of claim regarding KRW 51,95,000 of the above bonds for the purchase price of facilities.
(hereinafter “instant assignment of claim”). Nonparty C sent the instant assignment by content-certified mail to the Defendant on or around April 6, 2015, and the Defendant received it around that time.
B. The defendant's deposit of execution.
As seen in this paragraph, the Defendant had a debt owed to Nonparty C, and kept KRW 60,931,000 in custody of the money to be paid to Nonparty C.
The Defendant deposited KRW 60,931,00,00 in the Suwon District Court Decision 201Da6433 decided May 2, 2016, on the claim against the Defendant (the address, etc. of each interested person are omitted) as follows, provisional attachment, seizure and collection order was issued, and the obligees deposited KRW 60,931,00 for the reason that they requested the Defendant to pay the money, and the deposited money was fully distributed.
1. Claim provisional seizure creditor of Seoul Eastern District Court 2014Kadan7448: D debtor for provisional seizure: C debtor for provisional seizure: 177,959,498 on December 2, 2014: The date of service of provisional seizure amount of KRW 177,99,498: Suwon District Court 2014Kadan20284 on December 2, 15, 2014: The debtor for provisional seizure of claims: The date of service of provisional seizure amount of KRW 256,676,078 on December 26, 2014: the date of service of provisional seizure amount of KRW 256,676 on December 26, 2014: The creditor for provisional seizure and collection order of KRW 3 debtor for provisional seizure: B amount: 197,408,698: The delivery date: The delivery date of provisional seizure amount of KRW 177,498: The delivery date: The delivery date: the delivery date: the delivery date: the delivery date: the delivery date: the delivery date: the execution number of evidence number of evidence No.
2. Determination on the cause of the claim.