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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
The plaintiff and the designated parties are workers who have entered into a labor contract with the non-party C who operated the personal enterprise of the trade name of "B", and there was a total of KRW 123,760,000 in arrears claim as shown in attached Table 3.
C On November 30, 2015, the Plaintiff, the representative of the Plaintiff and the designated parties, agreed to transfer KRW 76,429,883 (hereinafter “instant commodity price claim”) that C has against the Defendant. On the same day, C notified the Defendant of the fact of assignment by post office content-certified mail, and notified the Defendant of the fact of assignment by post office content-certified mail, and the notification reached the Defendant on December 1, 2015.
On the other hand, on December 1, 2015, prior to the arrival of the notification of the above assignment of claims, the provisional attachment decision (the claim amount of KRW 8,000,000) on the claim for the goods of this case (the claim amount of KRW 8,00,000) was served on the Defendant on June 30, 2015. Even after the arrival of the notification of the above assignment of claims, the same kind of Masan Tax, Masan Automobile Accident Compensation Insurance Co., Ltd. attached the claim for the goods of this case based on the seizure and collection order, and the disposition on default.
The Defendant deposited KRW 49,965,395 as the Changwon District Court was closed in January 19, 2016, when the provisional seizure, assignment of claims, seizure and collection order, etc. were concurrent with respect to the instant goods-price claim.
In the distribution procedure of the above deposit, the Plaintiff received a dividend of KRW 41,949,988 as the representative of the designated parties on April 7, 2016.
【Recognizing the facts of recognition” Nos. 1, 2-1, 3, 4, and 3-5 of the evidence Nos. 2-1, 3-4, and 3-5 and the purport of the entire pleadings, C notify the Defendant of the transfer of the instant goods payment claim by post office, which is a certificate with a fixed date, by mail, and the above notice reaches the Defendant on December 1, 2015. The above notice was delivered to the Defendant in the amount of KRW 8,00,000,000.