(영문) 창원지방법원 2020.07.30 2019나53546

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(영문) 창원지방법원 2020.07.30 2019나53546

대여금

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1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, 14,041,797 won and this shall apply to Defendant B.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the telecommunications construction business and the telecommunications equipment sales business.

D is the representative director of the plaintiff.

Meanwhile, Defendant B served as the head of the national defense team of H (hereinafter “H”) by up to 2013 and served as the vice president of G (hereinafter “G”) from the date of withdrawal until 2015, and Defendant C is a person who served as the head of the national defense team of the company I (hereinafter “I”).

B. In around 2013, the Ministry of National Defense entered into a contract with I and the J Corporation in the military unit (hereinafter “instant construction”), and I entered into a contract for entrustment with K organization, and K organization entered into a subcontract with G, and G entered into a subcontract with the Plaintiff.

C. On April 1, 2014, the Plaintiff paid KRW 19250,00 to E Co., Ltd. (hereinafter “E”).

G paid KRW 100 million to F Co., Ltd. (hereinafter “F”) out of the construction cost to be paid to the Plaintiff on December 18, 2014.

(hereinafter above (hereinafter referred to as "amount paid in this case"). [Grounds for recognition] No dispute exists, Gap evidence Nos. 1, 2, 3, 6, 9, 10, Eul evidence No. 15, and the purport of the whole pleadings

2. Where an order of seizure and collection is issued on the judgment on the defense before the merits of the case, only the collection obligee may file a lawsuit for performance against the garnishee, and the obligor loses the standing to file a lawsuit for performance against the seized claim (see, e.g., Supreme Court Decision 2007Da60417, Sept. 25, 2008). If the amount the garnishee is liable to pay to the obligor according to the conclusion of the judgment, the claim under the substantive law, which is the subject matter of the lawsuit, becomes the subject matter of the order of seizure and collection. Ultimately, the seizure and collection order of the claim received by the obligee, which is the subject matter of the lawsuit, shall be deemed to be effective, and shall be deemed to affect the claim, which

참조판례

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