All appeals are dismissed.

The costs of appeal are assessed against each party.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The Plaintiff, the key contractor for the construction project, sought payment of the settlement amount under the construction contract against the Defendants, the contractor.

Plaintiff

The succeeding intervenor (hereinafter “the succeeding intervenor”) received an order for the seizure and assignment of the claim regarding part of the claims settled against the Defendants against the Plaintiff, and filed an application for intervention in the succession while seeking the payment of the entire amount to the Defendants, who are the garnishee during the proceeding of the first instance trial.

The plaintiff did not dispute whether the succeeded intervenor succeeded to or not, but did not withdraw part of the lawsuit filed by the succeeded intervenor.

The first instance court dismissed the Plaintiff’s claim and partly accepted the Plaintiff’s claim against the Defendants of the succeeding intervenor on the grounds that the entire claim for the settlement amount acknowledged was transferred to the succeeding intervenor due to the attachment and assignment order of claims.

The succeeding intervenor and the Defendants appealed against their losing part of the judgment of the first instance, and the Plaintiff did not appeal.

During the trial of the court below, the Defendants filed an incidental appeal that the assignment order of the succeeding intervenor becomes null and void due to the competition of seizure.

The lower court determined that the assignment order of the succeeding intervenor is null and void, and accepted the Plaintiff’s incidental appeal, accepted the Plaintiff’s claim partially, and dismissed the successor’s claim

The defendant asserts that the court below's incidental appeal is erroneous as it received incidental appeal from the plaintiff, since the judgment against the plaintiff was separated and finalized as the plaintiff did not appeal after the plaintiff lost in the first instance court.

The key issue of this case is whether the part of the plaintiff's claim was transferred to the court below, and the decision is made after the succession participation, and the plaintiff does not challenge the succession of the succeeding intervenor, but does not withdraw from the lawsuit and withdraw the lawsuit.