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(영문) 서울동부지방법원 2013.09.02 2012가단58570

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2012, the Plaintiff filed an application with the Seoul East Eastern District Court for a collection order for the seizure and collection of the claim under the Seoul Eastern District Court Order 2012TTTTTTT No. 2011, Jun. 1, 2012, with the title of execution of the authentic deed No. 382 (a loan of KRW 20,000,000, not paid out of KRW 22,50,000 and damages for delay calculated by the rate of 30% per annum from June 1, 2012 to June 28, 2012).

B. On July 2, 2012, the above court assistant officer accepted the above application and determined a seizure and collection order as to the following claims against the Defendant of C as KRW 20,460,274, and the original copy was served on the Defendant, a garnishee, on July 5, 2012.

- The fact that C is awarded a contract by the Defendant for the construction of the E Urban Residential Housing Construction Corporation on the Gangnam-gu Seoul Metropolitan City D ground (hereinafter referred to as the “new construction of this case”) and that there is no dispute over the claim for the construction price (applicable for recognition), Gap evidence 1-1, 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff, according to the decision of the above seizure and collection order, claimed against the defendant for the payment of the collection amount as stated in the purport of the claim and the delay damages therefor, and the defendant asserted that the contract was entered into with C in relation to the new construction work of this case, but there is no construction cost payable to C.

B. The existence of a claim for collection in a lawsuit claiming the amount of collection is a requisite fact and the burden of proof is borne by the plaintiff.

(See Supreme Court Decision 2005Da47175 Decided January 11, 2007, etc.). In full view of the written evidence Nos. 2-1 through 3 and evidence Nos. 3, as a whole, C receives a contract from the Defendant for the construction of the instant new construction work from June 201 to December 31, 201, respectively, with the period from July 1, 201 to December 31, 201, between the Defendant and the period from November 8, 201, as well as the period from May 30, 2012.