1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The reasoning of this court's judgment is as stated in the reasoning of the judgment of the first instance except that the part below '3. The defendant's argument and judgment' in the judgment of the first instance is not higher than '3. The defendant's argument and judgment are cited in accordance with the main sentence of Article 420

[Attachment]

3. Defendant’s assertion and judgment

A. (1) The defendant holds the title of the decision of this case (the decision in lieu of the finalized conciliation) against the defendant, and the plaintiff, the creditor of this case, who received the seizure and collection order of this case, can execute the above execution title by the method of obtaining the succession execution clause against the defendant. However, the plaintiff filed a lawsuit for collection of this case in this case against the defendant, as there is no benefit of protection of rights, and thus, it is unlawful.

The creditor, upon receipt of a collection order, may obtain the succession execution clause (Article 31(1) of the Civil Execution Act), if the debtor holds the title of execution, execute it against the third debtor. However, other creditor, by himself/herself, may file a lawsuit for collection against the third debtor.

(Articles 238 and 249(1) of the Civil Execution Act. A collection obligee may act on behalf of a debtor for all the rights of a debtor necessary for the collection of claims seized upon the authorization of the court of execution, or exercise them in court or outside court under his own name. As such, it is unlawful to file a separate lawsuit for collection, even though it is possible to enforce the inherited execution clause by

shall not be deemed to exist.

The defendant's defense of this case is without merit.

(2) The Defendant, under Article 238 of the Civil Execution Act, must notify the obligor of the lawsuit in filing a claim for collection. However, in this case, the Plaintiff did not notify the obligor of the lawsuit, and thus, the Plaintiff alleged that the lawsuit is unlawful. However, the effect of neglecting the above duty of disclosure occurs only between the obligee and the obligor. Thus, the garnishee is given the above notice of lawsuit.