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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The reasoning of the judgment by the court concerning this part of the goods transaction between the Plaintiff and the Defendant is the same as the entry of “1. Basic Facts” in the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
B. The Plaintiff’s claim against the Defendant for the seizure and collection order as to the claim for the purchase price of goods against the Defendant, K et al.
On July 31, 2019, the Plaintiff received a seizure and collection order as the District Court 2019 Taga15192 (No. 2019Na207425) with respect to “the amount up to KRW 408,792,211 out of the judgment claim amount based on the claim claim amount,” which the Plaintiff had against the Defendant, from the Defendant, to the Defendant. The said seizure and collection order was served to the Defendant on August 2, 2019. [The grounds for recognition are 1 and 2 of evidence No. 8-2, and the purport of the entire pleadings.]
2. Determination on this safety defense
A. Since K, the Plaintiff’s creditor of the Defendant’s defense, received a seizure and collection order against the Plaintiff’s claim for the purchase-price of the instant goods against the Defendant, the Plaintiff lost its standing as a party, and accordingly, the instant lawsuit ought to be dismissed as unlawful.
B. (1) If 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 loses the standing to file a lawsuit for performance against the seized claim.
(2) The Plaintiff claimed against the Defendant the payment of USD 35,220 as the price for the goods, and damages for delay. (3) The Plaintiff claimed against the Defendant the payment of USD 35,220 as the price for the goods.
However, the Plaintiff’s creditor K received a seizure and collection order with respect to the Plaintiff’s claim for the purchase price of goods (the claim of this case) against the Defendant. The amount of claim for the seizure and collection order received by K is KRW 408,792,211 as seen earlier.
(3) As above, the Plaintiff’s obligee.