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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
According to the overall purport of evidence Nos. 1 and 2, the Plaintiff received an assignment and assignment order for KRW 369,482,418 (hereinafter “instant attachment and assignment order”) from the Daegu District Court Decision 2016TTF 201 to Oct. 15, 2016, as to the claim for refund of the money loaned or invested by the Defendant of the Co., Ltd. from August 1, 2011 to Oct. 15, 2013. The fact that the attachment and assignment order of the instant case was served on the Defendant on July 27, 2016 and became final and conclusive on February 7, 2017, respectively.
With respect to the Plaintiff’s claim for the entire amount in accordance with the instant attachment and assignment order, the Defendant asserts that there was no entire amount of claim under the instant attachment and assignment order since there was no transaction between the Defendant and C.
Even if an assignment order was legally issued and confirmed due to the procedure, in order for the entire claim to be transferred to all creditors, the entire claim must exist 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 existence of the entire claim in a lawsuit claiming the whole amount based on the attachment and assignment order should be proved by the plaintiff, who is the whole creditor.
In light of the statements in Eul evidence Nos. 4 and witness Eul's testimony, each statement of evidence Nos. 3 through 5, merely an internal document of Eul Co., Ltd., and evidence Nos. 6, 7, D, or 10, merely a remittance between Eul and Eul, which is a basis for these statements, is insufficient to recognize the plaintiff's assertion that Gap Co., Ltd. lent and not repaid money to the defendant by December 31, 2012, was 495,000,000 won, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.