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(영문) 수원지방법원 2018.06.12 2017가단26634
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. On June 3, 2016, the Plaintiff was sentenced to the judgment that “A shall pay to the Plaintiff 2,850,524,746 won with 5% interest per annum from December 24, 2013 to January 25, 2014; and 15% interest per annum from the next day to the full payment date” (the Daejeon District Court Decision 2014Gahap10132). The judgment became final and conclusive.

B. Based on the foregoing final judgment, the Plaintiff applied for a seizure and collection order against A in relation to KRW 3,953,954,590, out of the wage claim against A for the Defendant (Sacheon District Court Decision 2016TY 2016TY 5075), and was issued on August 25, 2016, and the written decision was served on the Defendant on August 29, 2016.

[Evidence: Evidence Nos. 1 and 2 (including paper numbers)]

2. The Plaintiff, based on the above seizure and collection order, seeks payment of KRW 200 million to the Defendant as part of the A’s benefit claim.

The defendant asserts that there is no labor relationship with the defendant, and that there is no claim subject to the above seizure and collection order.

It is not enough to recognize that A has a wage claim against the defendant only with evidence of 13 and 4 (including paper numbers), and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim against the defendant in this case against the defendant is dismissed as it is without merit.

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