1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit of this case against the defendant is dismissed.

3. The total cost of the lawsuit.

1. If, ex officio, ex officio, the determination as to the legitimacy of the instant lawsuit concerning the lawfulness of the instant lawsuit, there exists a health account, a seizure and collection order against the claim, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor loses the standing to file a lawsuit for performance against the claims subject to seizure.

(See Supreme Court Decision 9Da23888 Decided April 11, 200). However, in full view of the purport of the entire pleadings as to the statement of evidence No. 7, the part of the Plaintiff’s succeeding intervenor C received the claim of this case against the Defendant on September 5, 2014 by the Plaintiff’s order of seizure and collection, and the above order was served on the Defendant who is the garnishee at that time.

According to the above facts, inasmuch as a seizure and collection order was issued and served on the defendant, who is the garnishee, and its validity is maintained, the plaintiff lost the standing to file a lawsuit against the defendant regarding the performance of the claim for the price of the goods in this case.

Therefore, the instant lawsuit is unlawful as it was filed by a person who is not a party.

2. If so, the plaintiff's lawsuit of this case against the defendant is unlawful and dismissed. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed. It is so decided as per Disposition.