1. The judgment of the first instance, including the claim of the Plaintiff-Successor who participated in the court, shall be amended as follows.

Facts of recognition

The court's explanation on this part is identical to the statement on the grounds of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

If, among the plaintiff's claims concerning the plaintiff's claims, the plaintiff's succeeding intervenor's seizure and collection order concerning the legal interest related to the legality of the part concerning the seizure and collection order exists, only the collection creditor may file a lawsuit for performance against the third debtor, and the debtor loses the standing to file a lawsuit for performance against the seized claim.

(1) The Plaintiff’s succeeding intervenor, who received the claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from the Defendant, was issued a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) regarding the amount from November 27, 201 to KRW 50,460,274 among the amount to be paid by the Plaintiff pursuant to the instant judgment, as the Suwon District Court Decision 2010Da4044, Apr. 29, 201, etc. (see, e.g., Supreme Court Decisions 99Da2388, Apr. 11, 2000; 2010Da40444, Apr. 29, 2011). The Plaintiff’s succeeding intervenor, who received the claim attachment and collection order from the Defendant, to the Defendant, who is the obligor, on April 29, 2020.

Examining the above facts in light of the legal principles as seen earlier, the order of seizure and collection becomes effective when it is served on the garnishee (Articles 229(4) and 227(3) of the Civil Execution Act). Since the Plaintiff’s succeeding intervenor’s instant order of seizure and collection became effective on April 29, 2020, the order of seizure and collection became effective on April 29, 2020, the Plaintiff loses the standing to institute a performance suit as to the claim amount of KRW 50,460,274 of the instant order of seizure and collection, following the day when the order of seizure and collection became effective

Therefore, among the lawsuit of this case, the plaintiff succeeding intervenor's claim based on the seizure and collection order of this case and the seizure and collection order of this case.