추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court of first instance concerning this case is that the defendant's additional evidence Nos. 4, 5-1, 2, 6, 7, and 8, each of the evidence Nos. 5-1, 6, 7, and 8, witness H's testimony, the order of the court of first instance to furnish tax information on the Ulsan Metropolitan City, Ulsan Metropolitan City, is rejected, and the fact-finding results of the defendant's remaining head of the Nam-gu, Ulsan Metropolitan City, respectively. The reasoning of the court of first instance concerning this case is as follows: "F's omission and the defendant's husband's husband" as "F's birth and the defendant's husband (Divorce by the Ulsan District Court Decision 2016Ra3287, Dec. 20, 2016)" was added or exempted from the judgment of second instance under the main sentence of Article 2 of the Civil Procedure Act except for the reasons of the first instance judgment.
2. The part to be determined additionally by the Defendant asserts to the effect that the transfer contract of this case was rescinded due to both the Plaintiff and the F’s default, and the Plaintiff cannot seek payment of the amount to be collected from the Defendant. However, the absence or extinguishment of the enforcement claim cannot be denied by the Defendant, who is the garnishee, in the lawsuit of collection in the place of the cause for the executor’s objection to the claim, as a defense (see, e.g., Supreme Court Decision 94Da34012, Nov. 11, 1994). The Defendant’s above assertion is without merit.
3. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.