(영문) 서울고등법원 2018.03.27 2017누69030

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.03.27 2017누69030

징수금

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The reasoning of the judgment by the court is the same as the reasoning of the judgment of the court of first instance, in addition to the part which is written or added below, and thus, this shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Of the 6 pages of the judgment of the first instance, the “this Court” of the first and the 7 pages 9 of the first and the 7 pages was respectively dismissed as the “In Mancheon District Court.” In the front of the 7th one and the 2nd two parallels of the judgment of the first instance, the “current Bankruptcy was appointed as the bankruptcy trustee, and the Defendant was appointed as the bankruptcy trustee,” respectively. The letter of the first and the 7th five to 6th one of the judgment of the first instance was determined as follows. The letter of the assignment contract and the power of attorney to notify the assignment was also drawn up.” The following was added under the 7th 10th ten of the judgment of the first instance. (5) On the other hand, the Korea Electric Power Corporation was issued a seizure order of claims against the Plaintiff with the Incheon District Court 2011Mo36087, Dec. 11, 2011.

6, 77, Na 1, and 2 shall be added from 7 pages of the first instance judgment to 69:

2. Determination on the defense prior to the merits

A. The reasoning of the judgment in this part of the claim that the Plaintiff is unable to directly file a party suit is as stated in the reasoning from 8th to 9th 3th e.g., the judgment of the court of first instance.

B. The defendant asserts that standing to sue has been lost due to the seizure collection order, has lost the plaintiff's standing to sue in the instant lawsuit due to the seizure collection order against the instant claim.

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 his/her standing to file a lawsuit for performance against the seized claim.

(See Supreme Court Decision 9Da23888 delivered on April 11, 2000, see Supreme Court Decision 99Da23888 delivered on the one hand.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

참조판례

-대법원 2000. 4. 11. 선고 99다23888 판결

유사 판례

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