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(영문) 서울중앙지방법원 2016.08.11 2015가단122646
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The gist of the plaintiff's assertion is that the non-party company received a seizure and collection order as to the claim for the price of goods held by the non-party company against the defendant as the creditor of the L&C PP farm (hereinafter "non-party company"), and the defendant is obligated to pay the collection amount and interest for delay to the plaintiff.

B. According to the evidence Nos. 1 through 3, 7, and 9, the Plaintiff received a claim attachment and collection order against KRW 34,576,880 on May 3, 2013 on the basis of a notarial deed with respect to the non-party company’s non-party company’s purchase price claim of KRW 34,576,80, which the non-party company held against the Defendant by Sung-nam Branch of Suwon District Court on May 3, 2013, and the above order was served on the Defendant on July 12, 2013, and confirmed on July 20, 2013.

However, in full view of the following facts: (a) as to the existence of a claim for collection under the above order, Gap evidence Nos. 5, Eul evidence Nos. 3, and the whole purport of the pleadings as a result of the order of submission of tax information to the head of the original tax office of this court, the non-party company is not an individual who trades goods with the defendant as a director, but a medical corporation C (D Hospital) with a medical corporation (D Hospital) in which the defendant serves as a director, and there is no other evidence to prove that the defendant bears the obligation to pay goods to the non-party company; and (b) the plaintiff's claim cannot be accepted

2. In conclusion, 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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