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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원순천지원 2020.06.30 2019가단6854
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff sought the payment of the collection amount to the Defendant by asserting that the Plaintiff received a seizure and collection order against C’s benefit claim against C by designating the claim against C as the claim against C, and that the seizure and collection order was served on the Defendant.

In a lawsuit for collection, the existence of a claim for collection is a requisite fact and the burden of proof is borne by the plaintiff (see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). According to the evidence No. 3, C is recognized as a defendant's internal director, but it is insufficient to recognize the existence and scope of a claim for payment to the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit without further review as to the remaining points.

Ultimately, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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