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(영문) 수원지방법원성남지원 2015.11.25 2014가단40311
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. The Plaintiff filed an application with C Co., Ltd. (hereinafter “Nonindicted Company”) for a payment order seeking reimbursement, etc., and the said payment order (60 million won and damages for delay) was served on the Nonparty Company on May 2, 2014, and was finalized on May 17, 2014.

(Seoul Western District Court 2014j2500).(b)

On July 3, 2014, the Plaintiff received a seizure and collection order against the Defendant of the non-party company (including loans, principal, and interest in accordance with the accounting report of the non-party company, in 2011) with the title of execution of the above payment order. The Plaintiff was served on the Defendant on July 7, 2014, when it received the seizure and collection order.

(Seoul Western District Court 2014TTTTA 8945). [Reasons for Recognition] The fact that there is no dispute, Gap evidence 1 to 3

2. Determination as to the cause of claim

A. The plaintiff's assertion that the non-party company loaned 30 million won to the defendant on October 1, 2007 and 25 million won on April 8, 2008, respectively. Thus, the defendant asserts that according to the above seizure and collection order, the non-party company is obligated to pay 30 million won and damages for delay to the plaintiff.

B. Determination 1) On October 1, 2007, the loan claim amounting to KRW 30 million against the defendant of the non-party company asserted by the plaintiff is not subject to the above seizure and collection order. The plaintiff cannot claim the collection amount regarding the above loan claim. [In addition, the above KRW 30 million is not a loan to the non-party company, but it appears that it was contributed to the Foundation sharing and peace Foundation through the defendant.

(B) The evidence submitted by the Plaintiff (in particular, evidence Nos. 7 (Account Books), 8 (Records of Record), 9 (Report of Settlement of Accounts), and 18 (Report of Settlement of Accounts)) is insufficient to recognize that the non-party company lent KRW 25 million to the Defendant on April 8, 2008, and there is no other evidence to acknowledge this otherwise.

D from the account under the name of D to the account under the name of April 8, 2008 25 million won.

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