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(영문) 대구지방법원 2017.07.07 2016가단39047

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. The Plaintiff, as the Defendant, was issued a seizure and collection order as to KRW 40,522,200 among the Plaintiff’s claim for design service charges for golf course 223 golf course golf course and construction cost, against the Defendant, on the ground that the Plaintiff’s execution of the judgment in the Daegu District Court 2012Kadan5140 against the Plaintiff’s debtor as the title of execution against the Plaintiff’s debtor, as the Defendant.

(Supplementary Branch of the Daegu District Court Order 2016TTTTT 7757 dated November 14, 2016). (b)

The defendant was served with a collection order on November 16, 2016.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 3

2. The assertion and judgment

A. The plaintiff asserts that the defendant is claiming the payment of the collection money according to the above seizure and collection order, and the defendant does not bear the obligation according to the above order.

B. The existence of a claim subject to collection in a judgment-based collection claim is a requisite fact and the burden of proof is borne by the Plaintiff.

(see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). In this case, there is no evidence to prove the existence of a debtor’s claim for collection against the defendant.

Therefore, the plaintiff's above assertion is without merit without further review.

3. According to the conclusion, the plaintiff's claim is dismissed for reasons.