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(영문) 서울중앙지방법원 2015.09.15 2015가단40799
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the holder of a promissory note No. 100,000 won issued by B, and the due date shall be November 29, 2013.

B. On February 3, 2014, the Plaintiff requested for the seizure and collection order of the claim as the amount claimed by the Defendants, designating B as the debtor, as the third debtor, with the amount claimed. The Plaintiff received the seizure and collection order of the claim on February 3, 2014. The above seizure and collection order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of claim

A. The Defendants asserted by the Plaintiff are obligated to pay the Plaintiff each money stated in the purport of the claim and the damages for delay in accordance with each of the above orders of seizure and collection.

B. Determination 1) The fact that the existence of seized claims, the debtor’s deposit balance, and the amount of money not seized pursuant to Article 195 subparag. 3 of the Civil Execution Act exceeds KRW 1,500,000 in a lawsuit for collection based on the collection order based on the seizure and collection order should be proved by the creditor (see Supreme Court Decision 2013Da40476, Jun. 11, 2015). 2) The health account for the instant case; the evidence submitted by the Plaintiff alone is insufficient to recognize that the claims against the Defendants exist; and that the sum exceeds KRW 1,50,000,00, and there is no other evidence to prove otherwise.

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

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