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(영문) 수원지방법원성남지원 2015.01.22 2014가단22030
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 17, 2014, the Plaintiff was determined to seize and collect the claims for the machinery supply price that C owns against the Defendant, with the obligor C and the third obligor’s claim amounting to KRW 53,007,290, as well as for the machinery supply price that C owns against the Defendant.

B. The original copy of the above decision was served on June 20, 2014 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The existence of the claim for collection is a requisite fact and the burden of proof exists against the plaintiff (see Supreme Court Decision 2005Da47175, Jan. 11, 2007). In light of the respective descriptions of the evidence submitted by the plaintiff and the testimony of each film and witness C are insufficient to recognize that C has the claim for the supply of machinery against the defendant, and there is no other evidence to support it. Thus, the plaintiff's claim for the payment of machinery under the premise that C has the claim for the supply of machinery against the defendant is without merit.

3. The plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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