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(영문) 창원지방법원 2020.07.17 2019나1590
공사대금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

If a seizure and collection order is issued for a 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.

(2) On May 10, 2018, the Plaintiff and the Defendant prepared a contract for the construction work of urban life style C at KRW 1,840,00,00 for the construction work cost, KRW 1,840,00,00, and the Plaintiff filed a lawsuit of this case seeking the payment of the original construction cost, etc. based on the construction contract executed on May 10, 2018, KRW 209Da85717, March 22, 2019, KRW 12, KRW 12-12-4, and the overall purport of pleadings in this court. On May 10, 2018, the Plaintiff and the Defendant issued a seizure order at KRW 30,00,000 to the Defendant, KRW 15,00,00,000, KRW 17,000,000, KRW 196,000,000,000,000,000,00.

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