추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 23, 2017, the Plaintiff, based on the executory payment order in the loan case No. 2015j28266, against B, issued a provisional seizure and collection order against B, with respect to “the refund claim that B lent from January 11, 201 to the Defendant” that B had against the Defendant based on the executory payment order in the loan case No. 2015j2826,00 of this court against B, the claim amounting to KRW 201,472,00 as Cheongju District Court 201.
Since the collection order was served on the Defendant on January 26, 2017, the Defendant shall pay the Plaintiff the collection amount of KRW 201,472,00 and the delay damages therefrom.
2. In a lawsuit claiming the amount of judgment, the existence of a claim to be collected (the debtor's claim against the third party debtor) must be proved by the plaintiff as a requisite fact.
However, it is not sufficient to recognize the existence of "B's claim for return (or claim for return of investment deposit) from January 11, 201 to the defendant of "B, the subject of collection claim by the plaintiff," only with the statement of evidence No. 3, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.
3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.