1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. Around September 6, 2018, D’s provisional attachment and deposit filed an application against E for provisional injunction against ship disposal (hereinafter “instant provisional injunction”) with the Gwangju District Court 2018Kadan51841 (hereinafter “instant provisional injunction”), and as a result, upon receiving an order from the said court to provide collateral, deposited KRW 40 million as the principal deposit in the Gwangju District Court deposit amounting to KRW 5921 (hereinafter “instant deposit”) around September 28, 2018 in order to secure the damages that the provisional injunction obligor would be entitled to receive due to the said provisional injunction (hereinafter “instant provisional injunction”).

(B) On October 1, 2018, D withdrawn the application for provisional disposition on December 11, 2018, when it received a decision of provisional disposition prohibiting vessel disposal from the above court.

Plaintiff’s claim 1) The Plaintiff’s claim against D is KRW 150,000,000 with the amount of credit as KRW 150,000,000 between D and notary public’s deed of monetary loan agreement No. 1706, 2017 (hereinafter “notarial deed of this case”).

2) On November 14, 2018, based on the instant notarial deed, the Plaintiff was issued an assignment order (hereinafter “instant claim attachment and assignment order”) on the basis of the instant notarial deed, with the amount of KRW 40 million (the sum of KRW 39,587,800, which is part of the said KRW 150 million, and KRW 412,200,00 for enforcement costs) and the amount of KRW 412,200,00 for the instant deposited money held by D, under the former District Court Branch Branch Branch Branch 2018TT 6144, with respect to “the instant deposited money held by D” (hereinafter “instant claim attachment and assignment order”). The instant claim attachment and assignment order was served to the Republic of Korea around November 19, 2018.

C. On October 1, 2018, D entered into a contract for the transfer and takeover of claims between D and the Defendant: (a) concluded a contract for the transfer and takeover of claims (hereinafter “instant contract for the transfer of claims”) with the Defendant indicating the subject of transfer as “right to claim the transfer of the instant deposit owned by D to the Republic of Korea”; and (b) notified the transfer by content-certified mail in the Republic of Korea on October 2, 2018.

The claims to be transferred shall also be transferred even when the assignment is notified.