The costs of appeal are assessed against the defendant.

1. Regarding ground of appeal No. 1

A. Under the current law, the procedure for disposition on default and civil execution procedure are separate procedures, and there is no provision under the law regulating relations between two procedures, so one procedure cannot interfere with the other, while each creditor in both procedures is entitled to participate in the other procedure by means of mutually different procedures (see, e.g., Supreme Court Decision 8Meu42, Jan. 31, 1989). Accordingly, each creditor may file a seizure and collection order under the Civil Execution Act regarding claims seized by a disposition on default, and the creditor subject to a seizure and collection order in civil execution procedure may file a lawsuit against the third debtor for collection.

A garnishee may not refuse a creditor’s claim for collection in civil execution procedures, solely on the ground that the seizure under a disposition for arrears prior to the seizure and collection order is competition due to the seizure and collection order, and may not refuse a claim for collection by an execution creditor based on a disposition for arrears, on the ground that the seizure under civil execution procedures pursuant to the Labor Standards Act is based on the wage, etc. with preferential rights under the Labor Standards Act.

(See Supreme Court Decision 9Da3686 delivered on May 14, 199). However, a third debtor may, in a civil execution procedure and an execution creditor based on a disposition on default, assert either of the creditors who received a seizure and collection order at the request of one of the creditors who received a seizure and collection order, perform the obligation to him/her, and claim the extinction of the obligation with respect to the repayment portion, and may be discharged by making a deposit for execution under Article 248(1) of the Civil Execution Act

(See Supreme Court Decision 96Da5179 delivered on June 14, 1996, and Supreme Court Decision 2007Da29591 delivered on September 6, 2007). Moreover, if an execution creditor based on a disposition on default collects a seized claim from a third debtor, the seizure and civil execution procedure are carried out in accordance with the National Tax Collection Act.