추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
The following facts shall not be disputed between the parties, or may be recognized by comprehensively taking into account the respective descriptions of Gap evidence Nos. 1, 2, 3, 14, and 15 and the purport of all pleadings:
On November 24, 2008, the Plaintiff drafted a promissory note No. 1208 of November 24, 2008 (No. 1208, No. 2008, Nov. 24, 2008, No. 2008, No. 208, Nov. 24, 2008, hereinafter “instant authentic deed”) that recognizes that there is no objection even if it is subject to compulsory execution.
On May 27, 2011, based on the authentic copy of the instant authentic deed, the Plaintiff applied for a collection order of the claim amounting to KRW 300 million against the Defendant as the Incheon District Court 201TTT 201T 20287. On June 21, 2011, the Plaintiff issued a seizure and collection order of the claim citing the Plaintiff’s application and served the Defendant on June 24, 201.
The wage and bonus accumulated by the defendant after receiving a delivery of the above seizure and collection order is KRW 61,585,374 as of December 31, 2013.
According to the above facts of recognition as to the cause of claim, unless there are special circumstances, the defendant is obligated to pay the collection amount of KRW 61,585,374 to the plaintiff, the collection obligee, and delay damages.
Furthermore, the Plaintiff sought payment of KRW 300 million including the above amount and delay damages therefor to the Defendant, and the existence of the claim to be collected in the collection amount lawsuit is a requisite fact and the burden of proof is deemed to exist to the Plaintiff (see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). Since there is no evidence to support the existence of the claim to be collected in excess of the amount recognized earlier, this part of the claim is rejected.
As to the assertion that the execution claim regarding the defendant's assertion has been extinguished, the plaintiff and C shall prepare the notarial deed of this case.