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Of the part against Defendant B of the lower judgment, 22,49,736 won and damages for delay from May 7, 2020.
Reasons
The grounds of appeal are examined.
1. As to the Defendants’ grounds of appeal on the loss of standing to sue
(a) If there exists a seizure and collection order against the claim, the performance lawsuit against the garnishee may be instituted only by the collection obligee, and the debtor shall lose the standing to file a performance lawsuit against the seized claim;
In addition, matters concerning the standing to be a party shall be examined and determined by the court ex officio as a matter of the litigation requirements, and even if the parties did not assert them by the time the arguments are closed at the court of final appeal, they may be newly asserted and proved in the court of final appeal. Furthermore, in the event of a lack of litigation requirements after the closure
(see Supreme Court Decision 2015Da8001, Mar. 10, 2016). Meanwhile, an order of seizure on a claim becomes effective at the time of delivery to a garnishee (Article 227(3) of the Civil Execution Act). Since such an order of seizure on a claim is not effective, it naturally extends to the interest or delay damages incurred after the seizure becomes effective, but it does not extend to the interest or delay damages incurred after the seizure becomes effective.
(See Supreme Court Decision 2013Da1587 Decided May 28, 2015 (see Supreme Court Decision 2013Da1587, May 28, 2015). A modified judgment at an appellate court is identical to a judgment of partial revocation that revokes part of the judgment of the court of first instance with respect to the part on which the appeal is well-grounded and dismissed with respect to the part on which the appeal is not well-grounded. However, inasmuch as a judgment of first instance based on the modified judgment is in accordance with the convenience of avoiding complicated contents of the text and making it easy to understand the contents of the text, the effect of invalidation of the judgment of first instance based on the modified judgment is limited to the part on which the appeal is well-grounded (see Supreme Court Decision 91Da35953, Aug. 1
The record reveals the following facts.