추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff, as the cause of the instant claim, asserts that the Defendant is liable to pay the said collection amount to the Plaintiff, on the grounds that A received an order of seizure and collection as to the amount up to KRW 55,035,068, out of shares dividends, loans, loans, claims for return of investment funds, and investment proceeds claims that it has against the Defendant.
On the other hand, the existence of the claim in the claim for the amount of collection must be proved by the plaintiff, the creditor of the collection, as a requisite fact.
(See Supreme Court Decision 2005Da47175 Decided January 11, 2007). However, the statement of evidence No. 2 is insufficient to recognize the existence of A’s stock dividends, loan claims, investment refund claims, and investment profit claims against the Defendant, and there is no other evidence to acknowledge them. Thus, the Plaintiff’s assertion cannot be accepted without examining any further.
Thus, the plaintiff's claim is dismissed as there is no ground.