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(영문) 수원지방법원평택지원 2015.09.25 2014가단18266
추심금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On August 20, 2014, the Plaintiff: (a) filed a claim attachment and collection order with the Suwon District Court Decision 2014 tea1227, which issued a claim amounting to KRW 35,567,947, and issued a collection order (hereinafter “instant seizure and collection order”) with the Suwon District Court 2014TTT1875, as to the deposit claim against the Defendant of LTE against the Defendant of LE.

The instant order of seizure and collection was served on August 25, 2014 to the Defendant, who is the garnishee.

B. On the other hand, on September 4, 2014, the Plaintiff submitted to the Suwon District Court an application for the withdrawal and cancellation of the seizure of the instant claims and the collection of the instant claims and waiver of the collection.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 to 3, the purport of the whole pleadings

2. The Plaintiff, based on the instant seizure and collection order, sought payment of KRW 17,809,503 as the collection amount against the Defendant, the garnishee, based on the judgment on the main defense of this case.

However, as seen earlier, the Plaintiff withdrawn the application for the seizure and collection order of this case and waived the right to collect, so there is no standing to file a lawsuit against the Defendant for the collection of this case.

Therefore, the instant lawsuit is unlawful on the ground that the Plaintiff has no standing to sue.

3. In conclusion, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition.

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