1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Facts of recognition

The reasoning for this Court’s explanation is as follows: (a) except for the modification of “an independent party intervenor” at the bottom of the second part of the judgment of the court of first instance as “the Defendant’s supplementary intervenor,” the relevant part of the reasoning of the judgment of the court of first instance is identical to that of the relevant part of the judgment; and (b) such modification is cited pursuant

In this case, the purport of the Plaintiff’s assertion and the order of determination as to the Plaintiff’s claim, where the Plaintiff transferred the instant dividend claim from the Defendant on March 14, 2016 and notified the Republic of Korea, which is the debtor of the instant claim, of the assignment of claims on March 16, 2016, and thus, the Defendant or the Intervenor asserted that he/she had the right to lawfully receive dividends during the instant auction procedure, the Defendant or the Intervenor asserted to the effect that, before the Plaintiff’s assignment of claims and notice, the Intervenor first received the attachment and assignment order as to the instant dividend claim, the Plaintiff did not have the right

Facts of recognition

On January 7, 2016, a notarial deed of a loan for consumption (hereinafter “notarial deed of this case”) was prepared to the effect that “the intervenor lent KRW 500 million to the defendant, and the compulsory execution is recognized,” under Article 18 of the deed of notary public M Office No. 2016 between the intervenor and the defendant’s agent.”

The Intervenor filed an application for attachment and assignment order with respect to the instant dividend claim that the Defendant had against the Republic of Korea based on the foregoing notarial deed with the Suwon District Court Asan Branch 2016TTTT1266, and the said court accepted the application and rendered a decision on February 4, 2016 regarding the attachment and assignment order of claims.

(hereinafter “instant claim attachment and assignment order.” The instant claim attachment and assignment order was served to the Republic of Korea on February 12, 2016, and to the Defendant on March 16, 2016, respectively, on which the Defendant filed an immediate appeal, but became final and conclusive upon withdrawal of the appeal on April 18, 2016.

[Reasons for Recognition] Gap evidence No. 16, and Eul No. 4 through No. 4.