2. The refund amounting to KRW 12,283,528 of the instant lawsuit and delay damages shall be paid.

A. The defendant is a company aimed at visiting and selling business, etc., and the plaintiff is a person who registered and worked as a salesperson belonging to the defendant.

B. On March 29, 2016, the Plaintiff returned the goods purchased while serving as the sales clerks belonging to the Defendant to the Defendant and requested the Defendant to refund the goods.

On May 11, 2016, the Defendant paid the Plaintiff KRW 7,718,489, out of KRW 19,339,889, which deducts the commission from the price of goods.

C. Based on the enforcement title of the Plaintiff’s claim against Nonparty B (the authentic copy of the judgment declaring provisional execution in the loan case No. 2016Gau District Court Decision 2016Gau9545), Nonparty B received a seizure and collection order of KRW 12,283,528 out of the refund to be paid by the Plaintiff by the Defendant to the Plaintiff and the garnishee as the Defendant, (the original copy of the judgment declaring provisional execution in the loan case No. 2016Gau District Court No. 20155), and around that time, Nonparty B received the seizure and collection order (the original District Court No.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 4, 5, Eul's 1, 7, 8, 9, 19, and the purport of the whole pleadings

2. If there exists a seizure and collection order on the claims that determine the legitimacy of the plaintiff's lawsuit in this case, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor loses the standing to file a lawsuit for performance against the claims subject to seizure.

(See Supreme Court Decision 2010Da29676 Decided August 26, 2010 (see, e.g., Supreme Court Decision 2010Da29676, Aug. 26, 2010). In relation to the legitimacy of the Plaintiff’s lawsuit in this case, the collection order of this case, which was received by B, has not been effective in relation to the Plaintiff’s claim amount as the lawsuit in this case. As such, the Plaintiff lost its standing to file a performance suit within the extent of the said amount

Therefore, the part of the Plaintiff’s claim for refund money and delay damages amounting to KRW 12,283,528 among the instant lawsuit is unlawful as the party’s standing is nonexistent.

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