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(영문) 서울중앙지방법원 2015.02.10 2014가단6242
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 22, 2013, the Plaintiff: (a) based on the executory order of payment issued by the Seoul Central District Court 2012 tea74591 with respect to D; (b) obtained a claim attachment and collection order with respect to the loan claims that D had against the Defendants from the Seoul Central District Court 2013TTT16380; and (c) the said order was served on the Defendants on July 5, 2013.

B. On March 18, 2010, D remitted each of the KRW 10 million to the deposit account in the name of Defendant C Co., Ltd. (hereinafter “Defendant Co.”), and KRW 30 million to the deposit account in the name of Defendant B on May 18, 2010.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 4-1 to 4-4, the purport of the whole pleadings

2. The Plaintiff’s determination as to the cause of the claim is insufficient to acknowledge the fact that D remitted money to the Defendant’s each deposit account in the name of the Defendants, solely on the basis of the entries in the evidence No. 4-1 to No. 8 and No. 9, and there is no other evidence to acknowledge that D transferred money to each of the Defendant’s respective deposit accounts in the name of the Defendants, in light of the following: (a) the Plaintiff obtained the right to collect each of the above loans; and (b) the Defendants are obligated to pay the borrowed money to the Plaintiff.

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

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