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(영문) 인천지방법원 2016.09.08 2016나4266
추심금
Text

1. Revocation of a judgment of the first instance;

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3...

Reasons

1. The parties' assertion

A. Plaintiff 1) C is an employee employed by the Defendant and serving as the YY YCO under the Defendant’s employment. 2) The Plaintiff based on the loan claim amounting to KRW 90,000,000 to C against the Defendant, and filed an application for the seizure and collection order of the amount up to the time of the claim amounting to KRW 30,000,000,000 with the Incheon District Court No. 2015, 18329 against the Defendant, under the Incheon District Court No. 2015, 2015, with the Defendant as the Defendant. The Plaintiff was served on the Defendant on July 6, 2015.

3) If so, the Defendant is liable to pay to the Plaintiff the amount of KRW 30 million and delay damages therefor (hereinafter “the instant collection claim”). B. Since the Plaintiff’s succeeding Intervenor acquired the instant collection claim from the Plaintiff on June 24, 2015, the Defendant is obligated to pay the Plaintiff’s succeeding Intervenor the amount of KRW 30 million and the delay damages therefrom. C. Since the Defendant was not employed by the Y as the YA, the claim against the Plaintiff and the Plaintiff’s succeeding Intervenor cannot be complied with. 2. On February 2, 200, there is insufficient evidence to acknowledge that C’s existence of the payment claim against the Defendant and the Plaintiff’s succeeding Intervenor’s claim against the Defendant (the entry in the oath and the list of property), and there is no other evidence to acknowledge otherwise, the claims against the Plaintiff and the Plaintiff’s succeeding Intervenor on this premise are without merit.

3. Conclusion and the claim of the plaintiff and the plaintiff succeeding intervenor are all dismissed as it is without merit. Since the judgment of the court of first instance is unfair in conclusion, it is revoked by accepting the defendant's appeal and all of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed. It is so decided as per Disposition.

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