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1. Of the instant lawsuit, the part demanding the payment of KRW 21,549,781 and damages for delay shall be dismissed.
2...
Reasons
1. Around 2014, the Defendant awarded a contract to the Plaintiff for the construction of soundproof walls (hereinafter “instant construction”) at KRW 598,950,00 among the construction works for the new construction of the JK apartment in the 2nd half-month district in the 2014, and the Plaintiff completed the instant construction work on or around February 2015, and the fact that the Defendant did not pay KRW 53 million to the Plaintiff out of the construction cost is either not disputed between the parties or acknowledged by the statement in the evidence A of subparagraphs 1 through 4.
2. The defendant defense that the part of the lawsuit in this case against which the collection order was issued is unlawful.
If there exists a seizure and collection order against the substitute claim, only the collection creditor may institute a lawsuit for performance against the garnishee, and the debtor loses the standing to institute a lawsuit for performance against the seized claim.
(See Supreme Court Decision 9Da23888 Decided April 11, 200. However, according to the Plaintiff’s evidence No. 3, the Korea Electric Power Corporation, the creditor of the Korea Electric Power Corporation, issued the Plaintiff’s claim attachment and collection order against KRW 21,549,781 of the instant construction cost claim against the Defendant as the Suwon District Court 2017TTT15484 on August 29, 2017, and the said order was delivered to the Defendant on September 1, 2017. Thus, the Plaintiff lost the Plaintiff’s standing to seek the payment of KRW 21,549,781, which constitutes the claim subject to attachment of the collection order, and damages for delay.
The defendant's defense pointing this out has merit.
3. If so, the part demanding the payment of KRW 21,549,781 of the instant lawsuit and damages for delay thereof is unlawful and dismissed, and the Defendant, from November 21, 2017 to August 23, 2018, which is the day following the delivery of a copy of the instant complaint, has a considerable dispute as to the existence and scope of the Defendant’s obligation to pay damages, and from the following day to the day of complete payment, 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of complete payment.