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 Plaintiff, as the cause of the claim, has a claim for the purchase of goods based on the payment order (2013j1089) issued by the Busan District Court, Busan District Court, 2013j1089, which became final and conclusive against A, and the obligor, received a seizure and collection order (hereinafter “water seizure and collection order”) with respect to the claim against B against the Defendant under the Suwon District Court 2013TT25134 (hereinafter “C”), and as such, A has a claim for the collection against the Defendant. The Plaintiff again received a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the claim against A, the obligor, as the Busan District Court, Incheon District Court, 2014TTB, 2014TT20 (hereinafter “B”), but the Defendant in violation of this order, asserted that the obligor should not pay the amount of KRW 4,422,412,422,412,422 and the damages for delay.

2. Even if there was an order of seizure and collection as to a monetary claim on the market, it is merely an act of realizing the realization of a disposition of realization under the compulsory execution procedure, since it grants the execution creditor the right to collect a claim against the garnishee to the execution creditor in the compulsory execution procedure, and the claim against the third debtor is not transferred or reverted to the execution creditor. Thus, such collection right cannot be seized because it does not directly dispose of it and realize it.

(See Supreme Court Decision 96Da54300 delivered on March 14, 1997). Therefore, even if the plaintiff's assertion is based on the plaintiff's claim, the seizure and collection order of this case are related to the collection right to be paid according to the collection right based on the original seizure and collection order, and thus, it is null and void. Therefore, notwithstanding the seizure and collection order of this case null and void, the defendant paid KRW 4,422,412 to A according to the original seizure and collection order.

Korea;