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(영문) 인천지방법원부천지원 2016.06.10 2016가단4138
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

As a creditor of the judgment against B and C (20,000,000 won and damages for delay thereof), the Plaintiff received a decision of seizure and collection order (2015,11202) from the court of this court, which made B and C as the debtor and the defendant as the third debtor, with respect to the wage claim against the defendant, as the creditor of the judgment against B and C (20,000,000 won and damages for delay thereof). Since the above decision was served on the third debtor on November 4, 2015, the Plaintiff sought payment of the amount equivalent to the above wage claim within the scope of the claim amount of KRW 87,513,114 to the Defendant as the collection right holder.

The plaintiff bears the burden of proving the occurrence of the claim and the existence of the claim even in the lawsuit for the claim for the collection of the amount of money. The only description of the evidence No. 1, No. 2-1, and No. 2 submitted by the plaintiff is insufficient to recognize that the claim for benefits to the defendant B and C as of the closing date of the argument in this case, and there is no other evidence to acknowledge

Therefore, 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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