1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On December 14, 2016, the Plaintiff’s assertion was issued a payment order based on the claim against Nonparty B, and on December 14, 2016, the Defendant was the garnishee, and the Plaintiff was issued a seizure and collection order (hereinafter “instant claim seizure and collection order”) against “the amount until it reaches KRW 17,013,579 out of all the claims, such as the current and future fees, prices of goods, allowances, etc. that B and the Defendant possessed against the Defendant.” The original copy of the instant claim seizure and collection order was served on the Defendant on December 19, 2016.

The defendant is obligated to pay the above KRW 17,013,579 to the plaintiff who is a legitimate collection right holder and the delay damages therefor.

B. The summary of the Defendant’s assertion is that the Defendant engaged in the sale of machinery tools, employed B as a business employee from November 2016 to paid monthly pay for two months, and there was no other fact that the Defendant engaged in the sale of machinery tools with B.

There is no claim against the defendant B, who is the claim subject to the seizure and collection order of this case.

2. In a lawsuit seeking the determination of the cause of the claim, the existence of the claim to be collected is a requisite fact and the burden of proof exists against the Plaintiff. The Plaintiff did not submit any evidence as to the existence of the claim to be collected, and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be dismissed as it is unfair to conclude otherwise, so the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed as per Disposition.