1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Where 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 who is the right holder under substantive law loses the right to file a lawsuit for performance against the seized claim.

(See Supreme Court Decision 9Da23888 Decided April 11, 200). The Plaintiff sought reimbursement against the Defendant by asserting that the Defendant as a surety to secure another’s property had repaid the Defendant’s obligation to C Co., Ltd. on behalf of the Defendant. However, in full view of the overall purport of pleadings in the statement of evidence No. 5, the Plaintiff’s obligee D as the obligor and the Defendant as the third obligor, and the Plaintiff’s claim against the Defendant as the instant lawsuit, the Daegu District Court Decision 2018TTTT10416 Decided May 10, 2018, and recognized the fact that the said decision was served on the Defendant as the third obligor at that time.

Examining the above facts in light of the legal principles as seen earlier, the Plaintiff is deemed to lose its standing as a party. Therefore, the instant lawsuit is unlawful.

Since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.