The judgment below

Among them, the part against the Defendant (Counterclaim) regarding the main lawsuit is reversed, and this part of the case is remanded.

The grounds of appeal are examined.

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 can be newly asserted and proved in

(See Supreme Court Decision 2007Da60417 Decided September 25, 2008, etc.). Meanwhile, in a case where a third-party obligor indicated the amount to be paid to the obligor as a seized claim according to the result of the judgment, the claim, which is the object of the lawsuit, becomes a claim subject to the seizure and collection order, under the substantive law of the lawsuit in question.

(See Supreme Court Decision 2010Da40444 Decided April 28, 2011). 2. According to the reasoning of the lower judgment, the lower court: (a) determined that the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was liable to compensate the Plaintiff due to the Defendant’s nonperformance; and (b) partly accepted the Plaintiff’s claim on the principal lawsuit.

However, according to the records, "the plaintiff is the plaintiff of Seoul Western District Court 2013Gahap4401 (including the appellate court and the case of conciliation and reconciliation), which is the first instance court of this lawsuit, and the amount until that time is the claim amount out of the damage claim to be paid by the defendant from the defendant" was issued a seizure and collection order of the claim amount of December 9, 2013, which is the claim amount of 92,118,546, which is the claim amount of 92,118,546, which is the claim amount of 92,546, and it was issued a seizure and collection order of the claim amount of 42,724,119, which is the claim amount of 10 December 10, 2013. At that time, the Korea Communications Corporation received a seizure and collection order of the above damage claim as the claim amount of this lawsuit,