In a lawsuit for collection, whether the garnishee can refuse the performance of the executory obligation on the ground that the non-existence or extinguishment of the executory obligation is not available or not

The non-existence or extinction of an executory claim does not mean that the garnishee may refuse the performance of the executory obligation by asserting it as a defense in the lawsuit of collection in which the executory obligor would have asserted in the lawsuit of demurrer.

Articles 505 and 571 of the Civil Procedure Act

[Plaintiff-Appellant] Korea General Law Office (Attorney Ansan-chul, Counsel for plaintiff-appellant)

Hyundai Industrial Development Corporation

Co., Ltd.

Seoul High Court Decision 93Na38613 delivered on June 3, 1994

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal by the Defendant and the Intervenor are examined together.

The decision of the court below to such purport is just, since the non-existence or non-existence of an executory claim can not be refused to repay the executory claim by asserting it as a defense in the lawsuit of collection where the executory obligor is the ground for asserting in the lawsuit of claim objection, and the defendant, the garnishee, cannot refuse to pay the executory claim. Such decision of the court below is not in violation of the rules of evidence or is not sufficient to exhaust all necessary deliberations, and there is no illegality in the judgment of the

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant who is the appellant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-chul (Presiding Justice)