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1.The judgment of the first instance shall be modified as follows:
The plaintiff's lawsuit of this case was 96,774,951 won and its related amount.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it pursuant to Article 420 of the Civil Procedure Act.
2. The reasoning of the court’s explanation concerning this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, this part is cited by Article 420 of the Civil Procedure Act.
3. As to the legitimacy of the instant lawsuit, the Defendant asserts that, inasmuch as the Plaintiff’s obligee received a seizure and collection order against KRW 96,774,951 of the Plaintiff’s claim claims, the part of the instant lawsuit, which became a seizure and collection order, is unlawful.
If there exists a seizure and collection order against the claim, only the collection creditor 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.
(See Supreme Court Decision 9Da23888 delivered on April 11, 2000). However, according to the entries of Eul Nos. 1 and 4 (including serial numbers, hereinafter the same as the above), and the purport of this court’s significant facts and arguments, it is recognized that the plaintiff’s creditor obtained a seizure and collection order and served on the defendant with respect to the above claim that the plaintiff seeks performance against the defendant in this case as follows.
On October 29, 2012, the Seoul Central District Court 2019,070, 32705, the date of delivery of the creditor's claim amount as of the date of order of case number, and on October 29, 2012, the Seoul Central District Court 20,788, 602 JJ 20,788, 602 on April 4, 2014, J 2014, 2014, K219, 070, 349, 349, 205, 205, 205,000, Seoul Central District Court 2014, 2014, 2014, 205, 2014, 2014, 205, 306, 196, 196, 204, 205, 16, 2014, 196, 2016