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(영문) 전주지방법원 2019.10.31 2019가단1918

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. In the loan loan case filed by the Plaintiff against C, the Seoul Central District Court 2005Gahap105328 decided June 8, 2006, the above court rendered a ruling that “stock companies D, E, F, and C shall jointly and severally pay to the Plaintiff KRW 600,000,000,000 per annum from March 1, 2005 to February 27, 2006, and the amount set at 19% per annum from the next day to the day of full payment,” and the above ruling became final and conclusive as it is.

B. The Plaintiff filed a claim against C to order the seizure and collection of wage claims, such as salary, allowances, bonuses, retirement allowances, etc. (hereinafter “instant seizure and collection order”) against C by the Jeonju District Court 2010TT 3101, and the said court rendered a decision to accept it on April 16, 2010, and the said written decision was served on the Defendant on April 20, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay 100,000,000 won to the plaintiff according to the collection order and the seizure and collection order of this case.

As to this, the defendant asserts that C does not have any claim for collection claimed by the plaintiff since April 22, 2009, since he did not pay or pay the amount under any of the circumstances such as salary, allowance, bonus, retirement allowance, etc. from April 22, 2009 to the present.

B. Determination 1) In a collection lawsuit, the existence of a claim subject to collection (a claim subject to seizure) is a requisite fact and the burden of proof is borne by the Plaintiff (see, e.g., Supreme Court Decisions 2005Da47175, Jan. 11, 2007; 2013Da40476, Jun. 11, 2015). According to the evidence No. 14, C had served as the Defendant’s representative director from April 22, 2009 to May 27, 2014; C’s representative director is recognized to have served as the Defendant’s director even after resignation.

However, the above facts of recognition and the submission thereof.