1. The instant lawsuit shall be dismissed.

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

ex officio deemed.

The Plaintiff filed a claim against the Defendant for the payment of the collection amount of KRW 8,0760,00 and the delay damages therefor, on the ground that the Plaintiff received a seizure and collection order as to the claim for the construction cost against the Defendant in the judgment of Daegu District Court No. 2012Ga6452, supra.

However, upon the issuance of a seizure and collection order, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor loses the eligibility to file a lawsuit for performance against the claims subject to seizure (see, e.g., Supreme Court Decision 9Da23888, Apr. 11, 200). In full view of the purport of the whole pleadings as to the entries in Eul evidence 2, it can be acknowledged that, on August 28, 2013, Sam Steel Co., Ltd., the Plaintiff’s creditor, up to KRW 8,076,00 of the amount of the claim for the collection amount of the Plaintiff’s claim against the Defendant, and the amount of the claim for all the claims arising therefrom, up to KRW 8,076,00,00 among the amount of the claims claimed against the Defendant, the Daegu District Court 2013TTB12461, which received the seizure and collection order, and delivered

Thus, as above, the plaintiff's creditor lost his eligibility to file a performance lawsuit based on the above claim by obtaining a seizure and collection order as to the claim sought by the plaintiff as to the lawsuit of this case. Thus, the plaintiff's lawsuit of this case, which is the seized debtor, is illegal and inappropriate, and thus, it is so decided as per Disposition by the assent of all participating Justices.