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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion as to the cause of the claim was issued with respect to the claim for return, such as provisional payment, against the Defendant, Co., Ltd. (former Co., Ltd.; hereinafter “former Co., Ltd.”) against the Defendant, and thus, the Defendant is obligated to pay the Plaintiff, the collection obligee, the amount of KRW 240,000,000, and delay damages therefrom.
2. Determination
A. According to Gap evidence Nos. 1, 2, and 4, the plaintiff was issued a seizure and collection order (hereinafter "the seizure and collection order of this case") on November 26, 2012 on the basis of the original copy of the notarial deed No. 747 of 2010, based on the notarial deed, which was in force against the non-party company, and on November 22, 2012, the amount equivalent to KRW 240,000,00 among the returned claims, such as provisional payments and loans, which the non-party company was the representative director of the non-party company, and the above order reached the defendant on November 26, 2012.
B. Meanwhile, in a lawsuit for collection, the existence of a claim for collection is a requisite fact and the burden of proof exists on the plaintiff. Therefore, it is deemed that the non-party company has a claim for return against the defendant, such as provisional payment equivalent to the above claim amount.
According to the result of the court's order to submit tax information on the Busan Jindo, the fact that the non-party company's provisional payment amounting to KRW 303,883,484 is generated against the defendant as of December 31, 2011 in relation to the non-party company that submitted the Busan Jindo, and as of December 31, 201 in the mediation statement, and the fact that the provisional payment amount equivalent to KRW 358,968,625 is generated from January 1, 2012 to April 30, 2012. However, according to the above evidence, it is recognized that the non-party company collects all the provisional payment amount from the defendant from January 7, 2012 to May 1, 2012.