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1. The part of the instant lawsuit seeking payment of KRW 9,385,703 shall be dismissed.
2. The plaintiff's remaining claims.
Reasons
The fact that the plaintiff entered into a service contract with the Defendant Association Establishment Promotion Committee and performed the draft services and the inaugural general meeting services on behalf of the parties to the written consent for the establishment of the association is not disputed.
Since the plaintiff alleged that he was not paid KRW 43 million among the above service costs, the plaintiff's creditor Gap was issued a claim attachment and collection order under the Seoul Central District Court 2017TTTT 10023 on June 14, 2017, and the above order was served on the defendant around that time.
If there exists a seizure and collection order, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor loses the standing to file a lawsuit for performance against the seized claim (see, e.g., Supreme Court Decision 9Da23888, Apr. 11, 200). Of the lawsuit in this case, the part demanding payment of KRW 9,385,703 among the lawsuit in this case is unlawful.
In addition, according to the evidence Nos. 1 and 4 through 10, the defendant paid part of the amount of unpaid service on December 26, 2016 to the plaintiff as part of the amount of unpaid service, and the fact that the defendant paid to the plaintiff the amount of KRW 5 million on July 16, 2018, deducting the amount of KRW 9,385,703, which was seized and collected at the above KRW 43 million on July 16, 2018, and the amount of KRW 5,000,000, which was already collected at the above KRW 43 million on July 16, 2018, and the legal interest thereon from December 22, 2016 to the date of deposit with the plaintiff as the principal deposit. Thus, the remaining claims except the aforementioned unlawful portion were extinguished by the above repayment deposit.
I would like to say.
Therefore, the part of the lawsuit of this case seeking payment of the above KRW 9,385,703 is unlawful, and thus, it is dismissed. The remaining claims of the plaintiff are dismissed as it is without merit. It is so decided as per Disposition.
(The latter part of Article 99 of the Civil Procedure Act shall apply to the bearing of litigation costs)