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1. The part concerning the counterclaim in the judgment of the first instance shall be revoked;
The defendant-Counterclaim Plaintiff's counterclaim is dismissed.
2...
Reasons
1. The grounds for the court’s explanation on this part of the judgment on the principal lawsuit are as stated in the corresponding part of the reasoning of the judgment of the first instance except for the entry into a new entry by converting “P” from “A” the judgment of the first instance to “B”. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(C) On January 2, 201, the first instance court's findings and judgments should be different, considering the allegations and evidence added to the first instance court.
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 shall lose the standing to file a lawsuit for performance against the seized claim.
(1) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the seizure and collection order against the Plaintiff’s claim against the Defendant, based on the following facts: (a) AB received a seizure and collection order against the Plaintiff’s claim against the Defendant on January 11, 2012; and (b) issued a seizure and collection order against the Plaintiff’s claim against the Plaintiff; (c) on May 10, 201, Co., Ltd. received a seizure and collection order against the Plaintiff on May 10, 2012 from Jeju District Court 2012 to 2208 to 84,84,352, as the claim amount; and (d) on the premise that AB received a seizure and collection order against the Plaintiff’s claim against the Defendant, and served it on the Plaintiff at that time; and (e) on the premise that AB’s claim against the Plaintiff for the seizure and collection order against the Plaintiff and its delivery of the collection order to the Plaintiff.
Therefore, since the defendant lost the standing to file a performance lawsuit as to the amount equivalent to the claim amount of each of the above claims for seizure and collection order among the claim for construction cost of this case against the plaintiff, the defendant's counterclaim is unlawful.
3. Conclusion.