1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff filed an application for a payment order with the Suwon District Court Branch Branch 2017 tea1004 with respect to Suwon District Court C (hereinafter “C”), and the said payment order became final and conclusive, and held a claim with the principal and interest of KRW 330,538,716 for the price of goods.

B. On March 16, 2018, the Plaintiff filed a claim attachment and assignment order (hereinafter “instant assignment order”) with the Suwon District Court support 2018TTT 2635, wherein the obligor, the Defendant, the third obligor, the amount of the claim, the amount of the claim in question, the amount of the claim in question, the amount of the claim in question, the amount of the claim in question, and the amount of the claim in question, are “a claim based on a final and conclusive judgment against the Defendant,” and the said court issued the claim attachment and assignment order (hereinafter “instant assignment order”) against the Defendant, who is the garnishee, on March 21, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. The Plaintiff’s assertion and determination of the parties concerned seek against the Defendant the amount of KRW 103,90,000, which is a part of the entire amount pursuant to the assignment order of this case, and interest for delay thereon.

On this issue, the defendant asserts that since the seized claim under the assignment order of this case had already been transferred to a third party before being served with the assignment order of this case, it cannot comply with the plaintiff's claim of this case.

Even if an assignment order on a seized monetary claim was legally issued and confirmed in the course of the procedure, the assignment order is null and void if there is no seized claim when the assignment order is served on the garnishee.

(See Supreme Court Decision 2005Da1407 Decided April 12, 2007, and Supreme Court Decision 2014Da208231 Decided September 10, 2015, etc.). As stated in the Evidence Nos. 1, 208231, the amount of claims against the Defendant in the above final judgment against C is 879,25,797 until January 25, 2018, and C transfers to eight creditors the total amount of claims of KRW 1,164,597,436 on the basis of the above final judgment, and from January 23, 2018 to September 2018, 2018.