추심금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. As a result of examining the grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the legitimacy of the judgment of the court of first instance is examined. The reason why the court is to explain this case is as follows: (a) the defendant, at the last place of the judgment of the court of first instance, deemed “C” to be “A” against the defendant; and (b) the fourth side judgment (hereinafter “judgment”) is as stated in the corresponding part of the judgment of the court of first instance, except where it is used as follows; and (c) thus, it is identical to the corresponding part of the judgment of first instance
[Supplementary Use]
3. Determination
A. In a lawsuit claiming a collection amount, the plaintiff who is the person holding the right to collect the collection must prove only the occurrence of the collection claim and the effective fact of the collection order, and the fact that the collection claim had already been extinguished due to the repayment, etc. before being served with the seizure and collection order has the burden of proof to the defendant, as the garnishee
B. On January 18, 2017, the Plaintiff received a seizure and collection order of the instant claim from the court and served on the Defendant on February 8, 2017, with the seizure and collection order of the instant claim, as seen earlier. According to the entries in the evidence No. 2, the Defendant, on December 7, 2016, transferred KRW 1,740,000 to C in the name of the limited company F, the representative director of which was the Defendant, to the Defendant.
C. Next, as to whether the Defendant repaid KRW 30,00,000 to C before being served with the collection order for the instant claim seizure and collection, the following facts and circumstances, which can be acknowledged by comprehensively taking into account the following facts and circumstances, i.e., ① the Defendant repaid KRW 30,00,000 to C on January 25, 2017, excluding the payment confirmation form (No. 5; hereinafter “the instant confirmation form”) prepared between the Defendant and C, and the following facts and circumstances.