전부금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation concerning this case is that “3,589,205 won” as “33,586,205 won” under the second part of the judgment of the court of first instance, and that Article 2-2.
Inasmuch as the reasoning of the judgment of the court of first instance is the same as that stated in the following, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act:
B. The payment order in a final and conclusive state cannot become an effective executive title. Accordingly, the attachment and assignment order based thereon is null and void. In a case where the assignment order becomes null and void, the third obligor may refuse to demand the performance of the obligee who received the assignment order on its ground.
Meanwhile, the demand procedure is a special litigation procedure for allowing creditors to obtain title in a simplified and speedy manner with respect to a claim aimed at paying a certain amount of money or other substitute or securities (Article 462 of the Civil Procedure Act), and the provisions concerning a lawsuit are applied mutatis mutandis to the extent not contrary to its nature (Article 464 of the Civil Procedure Act). Therefore, Article 247(2) of the Civil Procedure Act shall apply mutatis mutandis to a case where a cause for interrupting a lawsuit arises within the period for filing an objection after the delivery of the payment order, and the progress of the period for filing an objection is suspended (see Supreme Court Decision 2012Da7012, Nov. 15, 2012). In a lawsuit on the property of a corporation under rehabilitation proceedings, a manager, who is not the representative director, becomes a party to the lawsuit (see Article 78 of the Debtor Rehabilitation and Bankruptcy Act). Thus, this constitutes legal proceedings under the Civil Procedure Act, since the custodian has the right to file a lawsuit in lieu of a stock company, the subject of legal relationship
When the decision to discontinue the rehabilitation procedures becomes final and conclusive, the trustee's authority is extinguished, and the representative director of the corporation, who is the debtor, restores the right to manage the property.