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1. Uwsan Co., Ltd. deposited on November 28, 2014 by the Incheon District Court Branch No. 3164 in 2014, Nov. 28, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company for the purpose of the steel board cutting business, etc., and supplied B with steel plates processed from June 2014 to July 2014 to C, but B did not pay 12,045,220 won to the Plaintiff.
B. On October 17, 2014, the Plaintiff, as a creditor with respect to the above processing costs, received a payment order against B from the Incheon District Court Decision 2014Guj1888, which was issued by Busan District Court Decision 2014Da1888, and the said payment order was served on B on October 22, 2014, and became final and conclusive on November 6, 2014.
C. On November 10, 2014, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the claim for the subcontracted construction cost (hereinafter “claim for the instant construction cost”) held by the Busan District Court Branch Branch Office 2014TTTT13278 on November 10, 2014, with respect to the said claim for the construction cost (hereinafter “instant construction cost”). The instant seizure and collection order was served on Masan Co., Ltd. on November 11, 2014.
B on September 30, 2014, a transfer of KRW 12,650,00 among the instant claim for the construction cost (hereinafter “transfer of claim”). However, as to the assignment of claim of this case, a debtor of the instant contract price, was notified by a certificate with a fixed date fixed, or was not accepted by a certificate with a fixed date from a corporation with a fixed date from a corporation with a fixed date.
E. Although the U.S. Co., Ltd. concluded that the Defendant acquired the claim for the construction price of this case from the Defendant before being served with the collection order of this case, since the Defendant did not meet the requirements for setting up against a designated assignment assignment under Article 450 of the Civil Act, it cannot be known that the assignment of this case is legitimate, and it is difficult to determine the friendly between the assignment of this case and the collection order of this case, on the ground that it is difficult to determine the friendly between the assignment of claims of this case and the seizure and collection order of this case, pursuant to Article 487 of the Civil Act and Article 248(1)