The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On April 9, 2019, the Defendant received a provisional seizure order against the claim for the refund of the drug price (hereinafter “instant claim”) held by the Busan District Court Decision 2019Kadan51232 (hereinafter “B”) against the Hospital, and the said provisional seizure order against the claim reached the C Hospital, which is the garnishee, on April 12, 2019.

B. B transferred the instant claim to D on April 12, 2019 (hereinafter “instant contract for assignment of claims”), and on April 15, 2019, the instant notification of assignment of claims reached C Hospital.

C. On April 12, 2019, the Plaintiff was issued a decision of provisional seizure of claims of KRW 300 million among the instant claims by Busan District Court 2019Kadan51331 (hereinafter “decision of provisional seizure of claims”). The said decision of provisional seizure of claims reached C Hospital, which is the garnishee, on April 17, 2019.

In addition, on October 16, 2019, the Plaintiff was issued a seizure and collection order to transfer the above provisional seizure to the original seizure against the instant claim by Busan District Court 2019TTT62968.

Afterward, C Hospital deposited KRW 80,503,734 with the claim amount of this case as Busan District Court No. 3044 in 2019 (hereinafter “the deposit of this case”), and reported the reasons for deposit to the executing court.

E. On February 27, 2020, the Plaintiff filed a lawsuit against D seeking revocation of the instant transfer contract by asserting that the instant transfer contract constitutes a fraudulent act detrimental to the creditors of B, and filed a lawsuit against D as Busan District Court Decision 2019Da337963, and on February 27, 2020, the said court rendered a judgment that “B cancels the instant transfer contract between B and D within the scope of KRW 100 million, and D has issued a judgment that “D transferred D’s deposit payment claim out of the instant deposit payment claim to B and notified the said transfer to the Republic of Korea” (hereinafter “the judgment revoking the instant fraudulent act”). The said judgment became final and conclusive on March 18, 2020.

(f) The executing court shall on May 18, 2020.