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1. The judgment of the court of first instance is modified as follows.
The plaintiff's lawsuit against the defendant B is 45,452,786 won and 45,452,786 won.
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is as follows. The reasoning of the court citing this case is that the defendants' assertion is additionally determined as to this case as set forth in paragraph (2) below, and it is identical to the ground of the judgment of the court of first instance except for the dismissal as set forth in paragraph (3) below.
2. Additional determination
A. As to the Plaintiff’s additional assertion by the Defendants against the Defendants, the third party received a seizure and collection order against KRW 45,452,786 among the instant claim claims against the Defendants, the Plaintiff’s claim against this part is not permissible.
B. Determination 1) If there exists a seizure and collection order as to a claim, only the collection creditor may file a lawsuit for performance against the third debtor, and the debtor loses the standing to file a lawsuit for performance against the claim subject to seizure (see, e.g., Supreme Court Decision 2007Da60417, Sept. 25, 2008). In a case where the third debtor has indicated as a seized claim the amount to be paid to the debtor according to the result of the judgment, the claim under the substantive law, which is the subject matter of the lawsuit, becomes subject to the seizure and collection order (see, e.g., Supreme Court Decision 2010Da4044, Apr. 28, 2011). However, in full view of the entries and arguments in evidence 38 and the purport of the whole arguments, three persons, including Qu, etc., served on the debtor and the Defendants as the third debtor, and the Plaintiff received the above collection order from the Defendant 45,7048, Mar. 28, 2018.
3. Thus, among the lawsuit of this case against the defendants, the part of the plaintiff's claim for damages for delay from the day after each of the above seizure and collection order was delivered to the defendants who are the third debtor, shall be 45,452,786 won and the above seizure and collection amount.