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(영문) 인천지방법원부천지원 2015.06.12 2015가단8263
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff asserted that there is a price for the goods to be paid to TFC item, and filed an application for provisional seizure of the claim amounting to KRW 52,782,250 with the East Branch Branch of Busan District Court 2014Kadan1838, Dong Branch of Dong Branch of Dong Branch of Dong Branch of Dong Branch of Dong Branch of Dong Branch of Dong Branch of Dong Branch of Dong branch of Dong branch of Dong branch of Dong, and the said court

B. On October 1, 2014, the Plaintiff filed a lawsuit of claim for the purchase price against the ecccccccccck items company as the above court 2014Kadan17826, and received a judgment for the claimant on October 1, 2014, and became final and conclusive around that time. On November 14, 2014, the original copy of the judgment with executory power as above is the title of execution, and as to KRW 52,782,250, out of the purchase price for the Defendant’s Tcck items, as the above court 2014 Tck items, issued a seizure and collection order for KRW 2,631,82, to which the provisional seizure is transferred to the principal attachment, and the above order was served to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff asserts that the defendant shall pay 55,414,132 won, within the limit of the amount of the above goods price liability, and delay damages for the plaintiff, who received the seizure and collection order, as to the above goods price liability.

The plaintiff, as the claimant, who is the creditor of the attachment, seizure, and collection, must prove the existence of the claim for the price of the goods, which is the object of the collection order, and it is not sufficient to recognize that the defendant has a debt for the price of the goods to be paid to the typcc item, only with the evidence of subparagraphs A through 6, and there is no other evidence to acknowledge it. Therefore, the plaintiff's

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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