추심금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The reasoning of this court's reasoning is the same as that of the judgment of the court of first instance. Thus, this court's reasoning is cited in accordance with Article 420 of the Civil Procedure Act.
(3) The court below's finding of facts and determination of the first instance court is justifiable even in light of the evidence No. 3 submitted by the plaintiff at the trial. Meanwhile, the defendant asserts to the purport that since the plaintiff did not have any claim against C in relation to the payment order of this case, compulsory execution based on this did not exist, the plaintiff cannot accept the plaintiff's claim
In full view of the purport of the argument in Eul evidence No. 5, Eul filed a lawsuit of objection against the plaintiff on November 29, 2017, which filed a lawsuit of objection against the claim for the payment order of this case against the plaintiff, and the judgment of Changwon District Court rendered on November 29, 2017 that "the plaintiff's claim for the payment order of this case against Eul is rejected due to the plaintiff's non-existence of the claim for the payment order of this case against the plaintiff," and the plaintiff appealed against this, but dismissed the judgment (the Changwon District Court Decision 2017Na60892 decided June 22, 2018) and the plaintiff's appeal as of July 6, 2018, as long as the above claim objection against the payment order of this case has not yet become final and conclusive, the defendant's assertion related to the loss of executive force is difficult to accept.
Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.