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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. The defendant asserts that since the claims subject to the seizure and collection order of this case include the deposit claims to be opened and transferred in the future, even if there is no deposit claim at the time of the seizure and collection order of this case, the seizure cannot be deemed null and void.
However, the above argument is a new argument in the final appeal, and it cannot be a legitimate ground of appeal.
Therefore, this part of the Defendant’s ground of appeal cannot be accepted.
2.(a)
Attachment of claims is effective to interrupt extinctive prescription of execution bonds.
(2) Article 168 Subparag. 2 of the Civil Act provides that “The period of extinctive prescription of an execution claim shall be interrupted by means of an execution of an execution claim, barring special circumstances, even in cases where there is no existing claim subject to seizure already extinguished at the time of seizure (see, e.g., Supreme Court Decision 2013Da47330, Jan. 29, 2014). In such cases, even if a seizure order is served on a third party obligor as it does not exist subject to seizure, barring special circumstances, the seizure under Article 227 of the Civil Execution Act does not become effective, and the subsequent execution procedure following the seizure of the claim is immediately terminated, barring special circumstances. As such, the extinctive prescription of an execution
(See Supreme Court Decision 2016Da239840 Decided April 28, 2017). B.
(1) On November 4, 2007, the lower court issued the instant seizure and collection order against the Plaintiff’s deposit claims against four commercial banks, including the Plaintiff, at that time. On November 19, 2007, the instant seizure and collection order was issued. On November 19, 2007, the instant seizure and collection order was served on each of the banks, the third obligor, respectively. However, even if the Plaintiff had no deposit account or opened a deposit account from the beginning of each of the above banks, the instant seizure and collection order had already been terminated at the time of the instant seizure and collection order.