The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. Facts and issues

A. According to the reasoning of the lower judgment, the following facts are revealed.

(1) On March 19, 2012, the Plaintiff received a claim attachment and collection order as to the obligor D, the Defendants, and the amount claimed as KRW 183,309,000 against the Defendants or the claim for refund of the partner deposit (Seoul Southern District Court No. 2012TT District Court No. 2012TTTT 4914; hereinafter referred to as “the claim attachment and collection order”), and around that time, the said decision was served on the Defendants.

(2) On June 22, 2012, D filed a lawsuit against the Defendants seeking payment of KRW 559,219,358 (Seoul Central District Court 2012Gahap52477) on the ground that he/she withdraws from the business.

On June 21, 2013, the above court dismissed the part of the claim for payment of KRW 183,309,000 among D's lawsuit and damages for delay, and dismissed the remainder of D's claim. The above judgment became final and conclusive around that time, on the ground that D lost its standing to sue within the scope of KRW 183,309,00, which is the claim for seizure and collection order of KRW 183,300,000, which is the claim for seizure and collection order of KRW 183,309,000.

(3) On May 22, 2014, E, the parts of D, the obligor D, the Defendants, and the claims amounting to KRW 1,896,00,00,000, issued a seizure and collection order (Seoul District Court 2014TTT No. 2014TT 8869; hereinafter “instant collection order”) with respect to the claims to be returned due to the withdrawal from the partnership business, and around that time, the original copy of D’s decision was served on the Defendants.

(4) On March 4, 2015, E filed a lawsuit claiming the collection amount (Seoul Central District Court 2015Da38536, hereinafter “pre-paid collection lawsuit”) (Seoul Central District Court 2015Da38536, hereinafter “pre-paid collection lawsuit”).

In the above lawsuit, the defendants jointly make collection amount to E 90 million won.