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1. The plaintiff's lawsuit of this case against the defendant is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserts that, on June 1, 2012, the Plaintiff shall receive a subcontract for reinforced concrete construction works from the Defendant among the building works of the Dongcheon-ro and the building construction works of the Ulsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
In regard to this, the defendant asserts that the plaintiff's creditors received a seizure and collection order, so the lawsuit of this case is illegal as not qualified to be a party.
2. If there exists a seizure and collection order concerning the claim to be judged as to the lawfulness of the instant lawsuit, only the collection obligee may file a lawsuit for performance against the garnishee, and the debtor shall lose the standing to file a lawsuit for performance against the seized claim.
(1) In light of the purport of the entire pleadings, A, as a creditor of the Plaintiff, received a payment order of KRW 94,751,907 from the Busan District Court 2013TTTTT1231, and received a seizure and collection order of KRW 59,91 as the preserved right, B, which is another creditor of the Plaintiff, as the preserved right, as the preserved right, and B, 2014TT129,2953 claims and collection orders against the Plaintiff, and C also received a collection order of KRW 72,049,91 as the preserved right of the Plaintiff, as the preserved right of KRW 2013T and the preserved right of the Busan District Court 2013TTT, and C also received the above collection order of KRW 2013,91 as the preserved right of the Plaintiff.
According to the above facts of recognition, inasmuch as a seizure and collection order of the amount exceeding the plaintiff's claim was issued and served on the defendant, who is the garnishee, and its validity is maintained, the plaintiff lost its standing to file a lawsuit against the defendant for performance of the claim for the construction payment of this case.
Therefore, it is true.