The part of the main lawsuit and counterclaim of the judgment of the court below shall be reversed, and this part of the case shall be remanded to the Busan High Court.

1. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1) If there exists a seizure and collection order, only the collection creditor may file a lawsuit for performance against the garnishee. The debtor loses the standing to file a lawsuit for performance against the claims subject to seizure. However, if the collection creditor loses the ability to collect due to the debtor’s withdrawal of application for the seizure and collection order, etc. during the course of the performance lawsuit, the debtor shall recover the standing to be a party. Such circumstances are ex officio investigation and determination by the court, even if the parties do not assert it, and if the requirements for the lawsuit, such as the standing to be a party, are not satisfied or such defects are cured after the closing of arguments in the court of final appeal, the court shall also consider them in the final appeal (see, e.g., Supreme Court Decisions 2007Da6362, Nov. 29, 2007; 2010Da64877, Nov. 25, 2010).

2) Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) and Defendant (Counterclaim Plaintiff”)

(1) As to the Plaintiff’s claim for the construction cost against the Defendant under the construction contract concluded between the parties, the Defendant is the third party obligor, and ① the Radar Co., Ltd. (hereinafter “Radar”) is the third party obligor.

2) The amount claimed by Busan District Court 201TTTT23116, 41,810,669, and 2) The amount of luminous Co., Ltd. (hereinafter referred to as “luminous”).

The Busan District Court issued a collection order of KRW 24,148,460 as claimed by the Busan District Court 2001TT 3001, ③ L was issued with each claim of KRW 100,000,000 as Busan District Court 201TT 18083, and each claim of KRW 100,000 as claimed by the Busan District Court 201TT 18083, and the seizure and collection order of each of the above claims was served on the defendant who is the third obligor after the date of the first instance judgment. Thus, among the plaintiff's principal suit, the above claim of KRW 165,959,129 as the sum of the claims of each