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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 30, 2015, the Plaintiff’s summary of the Plaintiff’s assertion completed the construction of the said construction in 2016 (hereinafter “instant construction”). On May 26, 2016, the Defendant paid the construction cost after deducting the amount of KRW 17.7 million out of the instant construction cost on the ground that a provisional attachment was made, but deposited the said amount on March 20, 2018.
However, there are provisional seizure of claims.
Even if the obligation itself is not exempted, and if the due date of the claim arrives, the third obligor cannot be exempted from the liability for delay.
Therefore, the Defendant is obligated to pay 1,858,500 won to the Plaintiff at the rate of 6% per annum, which is the commercial interest rate, from May 26, 2016, the due date for the payment of the said KRW 17.7 million to March 20, 2018.
2. Determination on the lawfulness of the instant lawsuit
A. If there exists a seizure and collection order, only the collection creditor may institute a lawsuit for performance against the garnishee. The debtor loses the standing to institute a lawsuit for performance against the seized claim. Matters concerning the standing to be a party are related to the requirements of the lawsuit, and the court shall investigate and determine them ex officio at the time of the closing of arguments in fact-finding proceedings.
(see, e.g., Supreme Court Decision 2009Da85717, Feb. 25, 2010). B.
According to the purport of Eul's evidence Nos. 4, 5 and 9 and the whole arguments and arguments, with respect to the instant claim for construction cost, there are ① the Daegu District Court Order 2016TTTTTT 2016TT 9071, Jun. 23, 2016; ② the Daegu District Court Order 2016TTT 9709, Jul. 6, 2016 (creditor E, claim amount, KRW 34,645,505); ③ the Daegu District Court Order 2019TTT 8466, Jan. 23, 2019 and the collection order (creditor D, claim amount, KRW 81,941,650) and each of the above claims and collection orders.