logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.17 2016가단90654
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 8, 2015, the Plaintiff received a seizure and collection order as to the claim amounting to 923,773,786 won from the Incheon District Court Decision 2015TTTT15706, and the claim amounting to 923,773,786 won, and the obligor B and the third obligor as the Defendant. The above seizure and collection order was served on the Defendant on June 10, 2015.

B. B worked as a defendant’s director from February 10, 2006 to November 29, 2016.

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

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay the seized claims, such as principal salary, allowances, and salaries, to the defendant who is the collection authority, according to the above seizure and collection order.

In this regard, the defendant asserts that there is no seized claim because B was a non-profit corporation without receiving benefits from the defendant as a non-profit corporation.

B. The burden of proof of the existence and scope of the claim subject to seizure lies in the plaintiff who is the collection authority.

The above seizure and collection order was served as the defendant's director at the time when the defendant was served with the defendant, but there is no evidence to support the existence of seized claims, such as salary, allowance, bonus, etc. against the defendant. Thus, the plaintiff's above assertion is without merit.

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

arrow