(영문) 수원지방법원 안산지원 2017.02.14 2016가단8053

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(영문) 수원지방법원 안산지원 2017.02.14 2016가단8053

추심금

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1. The request is dismissed.

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

Reasons

1. The Plaintiff, on February 25, 2016, received a collection order as to the loan equivalent to the claim amount against the Defendant against the Defendant as the title of execution in the case of the seizure and collection order of the claim against the Defendant Incorporated Company B in this court 2016TT 988.

The court shall, in the case of the application for a collection order, specify the claim for collection in the collection order only by the creditor's assertion, and in the case of a lawsuit claiming the payment of the collection amount where the defendant does not pay it voluntarily, the plaintiff must prove

2. The following facts are acknowledged in light of the purport of the entire pleadings in the fact-finding reply of Eul 1, 4, 5, 9, 16, and C.

A. The representative of the debtor is D and the representative of the defendant is D and D actually manages the debtor and the defendant two companies.

B. The debtor mainly runs the wholesale business of the meat, and the defendant supplied the meat from the debtor and operated the retail business.

C. The debtor and the defendant had money transaction as follows.

① From August 15, 2014 to June 10, 2015, the amount of KRW 1,123,937,024 that the Defendant remitted to the obligor to the obligor; ② from July 1, 2014 to March 3, 2015, the amount of KRW 652,449,00 that the obligor supplied to the Defendant was transferred to the Defendant; ③ from September 2014 to May 2014, the amount of KRW 258,281,890 that the obligor remitted to the Defendant.

3. The Plaintiff asserts that, as above, KRW 255,00,000 of the amount remitted by the obligor to the Defendant on May 28, 2014 was the loan, and that the obligor has the obligation to return the loan to the Defendant.

However, there is insufficient evidence to acknowledge that the said money is a loan, and rather, in light of the entire goods and money transaction between the debtor and the defendant as seen above, there is room to view that the defendant would receive KRW 213,206,134 (i.e., KRW 1,123,937,024 - ② 652,449,00- - ③ 258,281,890) from the debtor.

4. In conclusion, the claim is without merit because there is a lack of evidence to prove the claims to be collected.

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