추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Based on the judgment deposit claim against C, the Plaintiff sought payment of KRW 31 million, which is part of the collection amount, to the Defendant, on the ground that C received a seizure and collection order against C’s claim against the Defendant.
On August 2, 2019, the Plaintiff received a seizure and collection order as to KRW 200 million from among the claims for the purchase of goods against the Defendant in Suwon District Court under the title of executory judgment regarding the claim for the purchase of goods by Suwon District Court 2018Gahap20173, under the title of execution of the claim for the purchase of goods. The fact that the above seizure and collection order was served on the Defendant around that time can be acknowledged by taking into account the overall purport of the pleadings as stated in the title of the evidence No. 2.
However, in a lawsuit claiming the amount of collection, the plaintiff, a collection authority, must prove the occurrence of the collection claim and the effectiveness of the collection order, but there is no evidence to prove the occurrence of the above seized claim
(B) The Plaintiff’s claim is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices on the bench. The Plaintiff’s claim is dismissed.