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(영문) 광주지방법원 2016.09.23 2016가단13241
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff was a pecuniary claim based on the Gwangju High Court Decision 2011Na6020 (main claim) and 201Na6037 (Counterclaim) on the non-party Gwangju District Court Decision on March 7, 2016, against the Defendant of the non-party Gwangju District Sales Cooperatives, and received a claim for the sale price claim against the non-party Gwangju District Court (2016TTTTT3175) that held the Defendant as the obligor and the third party obligor. Since the above decision was served on the Defendant who is the third party obligor, the Plaintiff sought payment of KRW 126,062,263 as the collection obligee and damages for delay.

2. In the judgment and the conclusion attachment and collection lawsuit based on the collection order, the existence of the seized claim shall be attested by the creditor.

(See Supreme Court Decision 2005Da47175 Decided January 11, 2007, and Supreme Court Decision 2013Da40476 Decided June 11, 2015, etc.). In addition, there is no evidence to acknowledge the existence of a claim against the Defendant of the Gwangju Section Sales Cooperatives, as asserted by the Plaintiff, against the Defendant of the Gwangju Section Sales Cooperatives.

(Plaintiff’s withdrawal of the instant lawsuit on July 21, 2016, but the Defendant did not consent thereto). Thus, 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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