약정금 등
The judgment below is reversed, and the case is remanded to Busan High Court.
1. If there exists a seizure and collection order against the claim, only the collection creditor may institute a lawsuit for performance against the garnishee, and the debtor shall lose the standing to institute a lawsuit for performance against the seized claim;
Such circumstances shall be examined and determined by the court ex officio, even if the parties do not assert such facts. In the event of a lack of litigation requirements, such as the standing to be a party, after the closing of arguments at the fact-finding court, the court
(3) On March 26, 2004, according to the allegations in the grounds of appeal and records by the Defendants, Han Franchi Co., Ltd.: ① on November 23, 2015, which was after the date of closing of argument in the original judgment, Busan District Court Decision 2014Gahap11454, Busan District Court Decision 200 million won as claims based on the certified copy of the judgment with executory power over the purchase price of goods; ② on November 23, 2015, Busan District Court Decision 2015Na26382, which was based on the certified copy of the judgment with executory power over the purchase price of goods at Busan District Court Decision 2014Gahap46177 and Busan High Court Decision 2014Na5457, Busan High Court Decision 2050, Busan High Court Decision 2015Da14645165, Nov. 25, 2016).