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(영문) 인천지방법원부천지원 2016.09.02 2016가단13804
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On April 20, 2016, the Plaintiff, as a creditor of the amount of KRW 27,117,885 based on the Reconciliation Recommendation Order (No. 2015da2059) against C and the interest on delay thereof, filed a claim for payment of damages for delay calculated at the rate of 15% per annum from the day following the date of complete payment of the written claim to C as to the obligor, the third obligor, the claim amount of KRW 27,117,85 with respect to the goods and the claim amount of the processing fees against the Defendant by the obligor, the third obligor, and the third obligor, the third obligor, the third obligor, the claim amount of KRW 27,117,885, and the attachment and collection order (No. 2016T) with respect to the Defendant, who is the third obligor on April 22, 2016.

The plaintiff bears the burden of proving the existence of the claim for the amount of seizure and the existing facts in the lawsuit for the claim for the amount of collection. The evidence of Nos. 5, 6, and 7 submitted by the plaintiff alone is insufficient to recognize that there is the claim for the amount of goods and the fee for processing against the defendant as of the closing date of the pleadings of this case (the plaintiff does not change even if the reference materials submitted by the plaintiff after the closing of the pleadings of this case are added).

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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