보증금반환
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. Of the total litigation costs, 80% is the Plaintiff, and the remainder is the Plaintiff.
1. The reasoning for this part of the lower court’s reasoning is as follows: “IO Co., Ltd. (hereinafter “O”) received the amount of money up to KRW 188,426,309, out of the claims for the refund of deposit pursuant to the result of the Plaintiff’s claim for the return of deposit (including a judgment, conciliation, compromise, compulsory settlement, decision, agreement, etc.) from the Seoggu District Court Branch Branch Office 2018, which was held against the Defendant on March 28, 2018 (hereinafter “the seizure and collection order of this case”) under Section 4, Section 2 of the first instance judgment; “No. 27,309, out of the claims for the refund of deposit under Section 201, the amount of money up to KRW 18,426,309, out of the claims for the refund of deposit under Section 4, which the Plaintiff had against the Defendant (including a higher court).” Except for subparagraph 4, subparagraph 27, subparagraph 27 and subparagraph 4, subparagraph 27, of the same reasoning.
2. We examine, ex officio, whether the instant lawsuit is lawful or not.
If there exists a seizure and collection order against the debtor's monetary claim, etc. against the third party debtor, only the execution creditor who has received the seizure and collection order may file a lawsuit claiming the performance of the seized claim against the garnishee. The debtor loses the standing to file a lawsuit claiming performance against the third party debtor with respect to the claim subject to the seizure and collection order, and thus, the lawsuit for performance filed by the debtor against the claim subject to the seizure and collection order shall be dismissed as unlawful.
(see, e.g., Supreme Court Decisions 99Da23888, Apr. 11, 2004; 2010Da64877, Nov. 25, 2010). In the instant case, the Plaintiff claimed reimbursement of deposit money of KRW 278,170,000 against the Defendant as the instant lawsuit, and damages for delay.