1.The judgment of the first instance shall be modified as follows:

Among the lawsuits of this case, the issuance of a seizure and collection order shall be 905.

1. The first instance court, among the Plaintiff’s claims on the principal lawsuit, partly accepted the part of KRW 1.5 billion, excluding KRW 200 million, for which the Plaintiff’s supplementary intervenor B received the seizure and collection order, and all of the remainder of the principal lawsuit and the Defendant’s counterclaim claims were dismissed. Accordingly, since only the Defendant appealed on the part of the principal lawsuit, the scope of the trial court’s judgment is limited to the part against the Defendant in the principal lawsuit.

2. The reasoning for this Court’s explanation is as stated in the reasoning of the judgment of the first instance except for the following: (a) additional determination of the party’s assertion submitted in the trial as to the grounds for the judgment of the first instance; or (b) partial dismissal of the grounds for the judgment of the first instance is the same as that of the judgment of the first instance; and (c) thus, (d) by the text

3. Determination on the legality of part of the Plaintiff’s claim among the instant lawsuit

A. If there exists a seizure and collection order, only the collection obligee may file a lawsuit for performance against the garnishee. The obligor loses the standing to file a lawsuit for performance of the claims subject to seizure. The above matters concerning the standing to be a party are related to the requirements of litigation, and the court shall ex officio investigate and determine them at the time of the closing of arguments in fact-finding proceedings (see Supreme Court Decision 2010Da40444, Apr. 28, 201). Where a seizure and collection order has been issued only for part of the monetary claims, the collection obligor may seek performance against the third obligor only for the remaining part, except for the part for which the seizure and collection order are issued.

(Supreme Court Decision 201Da98426 Decided October 31, 2013). On April 23, 2015, 2015, the amount claimed by the creditor who decided to issue a collection order of sequence 5, and the amount claimed by the Plaintiff’s assistant intervenor (Seoul District Court 2015TTT 6608) was KRW 337,379,993, which became final and conclusive around November 13, 2011, the Suwon District Court Sung-nam Branch 201TT 17723, I 17,818,057 KRW 457 on May 8, 2017.