1. The instant lawsuit shall be dismissed.

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

1. The plaintiff sought a loan of 33,370,000 won and damages for delay against the defendant in determining the legitimacy of the lawsuit of this case. We examine ex officio the legality of the lawsuit of this case.

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.

(2) In light of the aforementioned legal principles and the purport of the entire arguments and records as stated in the evidence No. 1 of this case (see, e.g., Supreme Court Decision 2009Da48879, Nov. 12, 2009). In full view of the purport of the evidence No. 1 of this case and the whole arguments, C, on January 9, 2020, upon receipt of the judgment of the Daejeon District Court 2019Da12016502, against the Plaintiff, the amount of the claim is KRW 33,378,082, based on the certified copy of the judgment in lieu of conciliation with the Daejeon District Court 2018Do116502, the Daejeon District Court 2018Da120107, which was the third debtor, was issued a seizure and collection order with respect to the Plaintiff’s loan claim against the Defendant. Accordingly, according to the seizure and collection order of this case, the Plaintiff loses the right to collect the loan against the Defendant.

2. If so, we decide to dismiss the lawsuit of this case and decide as per Disposition.