Requirements by which the garnishee may set-off against the garnishee who has been ordered to attach claims and to attach claims in whole may be set-off against him/her.

After obtaining an order of provisional seizure of claims, in order that a third party obligor may set up a set-off against the opposing claim held by the obligor against the obligor of provisional seizure against the person who is subject to the order of provisional seizure of claims, if both claims are in set-off at the time the seizure takes effect or the opposing claim does not reach the due date at the time the provisional seizure takes effect, it shall reach the due date at the same time as or in preference to the passive claim, which is the seized claim.

Article 492 of the Civil Act

Supreme Court Decision 82Meu200 Decided June 22, 1982, Supreme Court Decision 86Meu2762 Decided July 7, 1987

[Plaintiff-Appellant] Kim Jong-hwan et al., Counsel for plaintiff-appellant

[Defendant-Appellee] Korea Industrial Bank of Korea

Seoul High Court Decision 86Na3159 delivered on January 22, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

After receiving an order for provisional seizure of claims, the court below's decision to the same purport is just and there is no error of law in misunderstanding legal principles or in violation of precedents, such as theory, in order for a third-party debtor to oppose a debtor with an opposing claim at the time the provisional seizure takes effect, in order to oppose a third-party debtor with an opposing claim. If the opposing claim does not reach the due date at the time the provisional seizure takes effect, it should be the case at the same time as the passive claim, which is the seized claim, or at the time when the due date comes earlier (see, e.g., Supreme Court Decision 86Meu2762, Jul. 7, 1987; Supreme Court Decision 82Meu200, Jun. 22, 1982).

The issue is that if the opposing claim does not depend on the due date as of the time of this seizure, it can be set up against the entire creditor by set-off at the same time as the due date of the seized claim (passive claim) or if it reaches the due date prior to that time. However, this is merely a single view that misunderstanding the purport of the above precedents.

The issue is groundless.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-hee (Presiding Justice)