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(영문) 대전지방법원홍성지원 2015.10.21 2015가단1871

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 2, 2010, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) against A’s wage claims listed in the attached list against the Defendant (hereinafter “instant wage claims”) based on the executory order of the instant case, such as the loan, etc., rendered by Hongcheon-gun District Court 2005Da437, Hongcheon-gun, Daejeon District Court 2010, Hongsung-gun, Daejeon District Court 2010, Hongsung-gun360, Nov. 2, 2010. The said collection order was served on the Defendant, a third debtor, at that time.

[Ground of recognition] Facts without dispute, Gap 1, the purport of the whole argument

2. Judgment on the ground of the Plaintiff’s claim

A. A, which causes the Plaintiff’s claim, has the Defendant’s wage claim, and the Plaintiff has the right to collect the wage claim of this case in accordance with the collection order of this case. Thus, the Defendant is obligated to pay to the Plaintiff KRW 50 million out of the amount claimed under the collection order of this case and delay damages therefrom.

B. The Plaintiff’s claim of this case cannot be accepted inasmuch as there is no evidence to acknowledge that the judgment A has the claim of this case against the Defendant.

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.