2. The costs of lawsuit shall be borne by the Plaintiff.

As C’s creditor, the Plaintiff received the claim attachment and collection order under this Court No. 2017TTT No. 11116 as to KRW 30,114,500, which is part of the claim against the Defendant under the final and conclusive judgment against the Defendant, and this was served on the Defendant on December 6, 2017.

Therefore, the defendant is obligated to pay to the plaintiff the above collection amount of KRW 30,114,50 and damages for delay.

2. We examine ex officio the legitimacy of the instant lawsuit, ex officio, determination as to the legitimacy of the instant lawsuit.

A. The creditor who collects the claim upon obtaining a collection order from the court of execution is a kind of collection agency according to the court of execution's authorization, and collects the claim from the third debtor.

(See Supreme Court Decision 2003Da29937 delivered on January 13, 2005). A debtor’s right necessary for the collection of seized claims may be exercised either in court or in court under his/her own name without representation or subrogation of the debtor.

(Article 229(2) of the Civil Execution Act). Where a debtor holds executive titles, a collection creditor may obtain an execution clause by succession under Article 31(1) of the Civil Execution Act.

B. According to the records of recognition, the following facts are recognized:

① On July 15, 2016, C filed a suit against the Defendant for an amount of fraternity claim No. 2016Gahap1364 at this court.

On January 19, 2017, this Court sentenced C to pay 114,760,000 won and 15% interest per annum from August 5, 2016 to the date of full payment.

The above judgment was finalized on February 15, 2017.

② On the ground that a notary public has a claim based on the authentic copy of a notarial deed of money consumption loan contract No. 763 of 2015 against C, the Plaintiff is a part of a final and conclusive claim against C in this court.