추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1.The following facts of recognition may be found either in dispute between the parties or in Gap evidence 1-1 and 2, taking into account the whole purport of the pleadings:
Based on the authentic copy of the deed No. 2013, No. 232, 2013, the Plaintiff filed an application for the seizure and collection order to the effect that C, based on the authentic copy of the authentication deed No. 2013, the debtor, the defendant, and the third debtor, the amount claimed by C, KRW 23,461,643, which C has against the defendant, seizes the lease deposit return claim No. 109, Y-gu, Y-gu, Y-dong Da-dong 109, which C has against the defendant. On November 26, 2014, the above court issued the seizure and collection order (hereinafter “instant claim seizure and collection order”).
B. On December 1, 2014, the instant order of seizure and collection was served on the Defendant.
2. The Plaintiff asserted and determined that the Plaintiff sought payment of KRW 23,461,643 from the Defendant according to the collection order and the seizure and collection order of the instant claim.
In a lawsuit for collection, the existence of a claim to be collected is a requisite fact and the burden of proof for it is the plaintiff.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize C as having a claim for the return of the lease deposit against the Defendant, and there is no other evidence to acknowledge this otherwise, and eventually, the seizure and collection order of the instant claim is null and void as it is against a non-existent claim.
3. The plaintiff's claim is dismissed as it is without merit.