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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
1. If there exists a seizure and collection order against the claim, only the collection creditor may institute a lawsuit for performance against the garnishee, and the debtor shall lose the standing to institute a lawsuit for performance against the seized claim;
In addition, the above matters concerning the standing to be a party are related to the requirements of litigation, and the court shall investigate and determine them ex officio. Although the parties did not assert them by the time the arguments are concluded in the court of final appeal, they may newly assert and prove them in the
(see, e.g., Supreme Court Decision 2007Da60417, Sept. 25, 2008). Meanwhile, in a case where a third-party obligor indicated the amount to be paid to the obligor according to the result of the judgment as a seized claim, the claim, which is the object of the lawsuit, becomes a claim subject to the seizure and collection order, under the substantive law of
(See Supreme Court Decision 2010Da40444 Decided April 28, 2011). 2. The lower court determined that public officials belonging to the Defendant were liable to compensate the Plaintiff for the damages under Article 2 of the State Compensation Act, and partly accepted the Plaintiff’s claim.
However, the record reveals the following: “The amount until the time of the claim, out of the amount of damages that the plaintiff would have received from the defendant in the lawsuit in this case,” (1) the Credit Guarantee Fund received on May 8, 2017 as the claim amount of 1,359,436,063, and (2) the seizure and collection order of the claim amount of 1,359,436,063, and (3) the seizure and collection order of the claim amount of 207,271,687, and the seizure and collection order of the claim amount of 207,271,687, and (3) the AI received the seizure and collection order of the claim amount of 256,478,500 as the claim amount of 25, 2017, and at that time, it
Examining the above facts in light of the legal principles as seen earlier, each of the above claims seizure and collection orders are issued.