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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 9 and 10, the Plaintiff received a claim amounting to the Defendant of the Dongdong-type, a limited liability company (Attachment 1) as to the claims indicated in the claims to be seized and collected, which was KRW 36,321,408, Seoul Southern District Court 2017TTTTT 429 and a collection order (hereinafter “instant order”), and the fact that the instant order was served on the Defendant, the garnishee of the same month, respectively.
The Plaintiff, as a creditor of the instant order, sought payment of KRW 36,321,408 and damages for delay against the Defendant, who is the garnishee.
A creditor who requests for a sprinking, provisional seizure or seizure order for a claim shall clarify in the application the kind and amount of the claim to be seized (Articles 225 and 291 of the Civil Execution Act), and, in particular, when applying for a seizure order only for a part of the claim to be seized, specify the scope thereof.
(Civil Execution Rule No. 159(1)3 and Article 218 of the Civil Execution Rule. Nevertheless, in cases where a creditor’s application for provisional seizure or seizure does not specify the subject and scope of the claims to be seized, the decision of provisional seizure and seizure order (hereinafter “decision of seizure, etc.”) are not specified, if the claims to be seized are not specified, the effect of seizure, etc. does not take place.
This legal doctrine has several claims against a third-party obligor, and is equally applied to cases where a creditor files an application for seizure, etc. on the whole of his/her claims. In such a case, the obligee should clearly specify the purport of the application whether the obligee files an application for seizure, etc. on any of several claims.
(See Supreme Court Decision 2013Da26296 Decided December 26, 2013). However, claims seized by the instant order are indicated as claims to be seized and collected.