추심금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion was rendered a judgment in favor of the provisional execution department that “A shall pay the Plaintiff KRW 50 million and delay damages” on May 1, 2015, from the lawsuit claiming a penalty against A (Seoul Central District Court Decision 2015Da11661) to which the Plaintiff filed a lawsuit against A, and the Defendant is paying the tuition fees to A, and thus, the Defendant is claiming the payment of the tuition fees pursuant to the above winning judgment.
2. Determination ex officio: (a) where a creditor, who received a seizure and collection order, files a lawsuit against a third party debtor, the creditor exercises his/her claim against the third party debtor on behalf of the debtor with the validity of such seizure and collection order; (b) where there is no collection order, the creditor becomes the plaintiff himself/herself and becomes the third party to exercise his/her right against the debtor against the third party debtor; and (c) the lawsuit is unlawful. In light of the purport of the entire pleadings in each of the items in the evidence No. 2-1 and No. 2-104156, the Seoul Central District Court 2012Gahap10156, which the plaintiff filed for the defendant A, was issued a collection order based on the Seoul Central District Court 2013TT 42307 and the collection order was issued against the defendant, and there is no evidence to acknowledge that the collection order was obtained based on the above judgment 2015Ka166161.
Thus, the plaintiff's lawsuit of this case is unlawful and decided as per Disposition.