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(영문) 창원지방법원 2014.10.10 2014가단71142
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 22, 2013, the Plaintiff: (a) obtained a provisional attachment order on the claim for the amount of loans KRW 30,000,000 as a claim claim against B; (b) obtained a provisional attachment order on the claim for the supply price of electrical and electronic equipment, including CABE AS, which B had against the Defendant; and (c) served on the Defendant on January 25, 2013.

B. On April 17, 2013, the Plaintiff paid KRW 30,000,000 to the Plaintiff on the loans extended by the Changwon District Court Masan Branch 2013da1382, the Plaintiff paid KRW 10,000,000 to the Plaintiff, and in installments, KRW 10,000,000 until July 31, 2013, and the remainder of KRW 10,000,000 until August 31, 2013, respectively, shall be paid until September 30, 2013. If the Plaintiff did not pay the said money by the said payment deadline, the Plaintiff shall lose the benefit of the deadline, and the payment shall be made by adding the interest of KRW 20% per annum from the date following the date of payment to the date of full payment.”

However, B, on July 31, 2013, the first installment payment date following the conciliation, lost the benefit of time due to failure to pay KRW 10,000,000 to the Plaintiff.

C. On December 9, 2013, the Plaintiff received the seizure and collection order of the claim to transfer the provisional seizure to the original seizure from the Changwon District Court Branch 2013TTTT 5635, and the above seizure and collection order was served on the Defendant on December 12, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. In a lawsuit claiming a collection amount, the executor bears the burden of proving the existence of the claim, and the plaintiff must prove the existence of the claim to supply the goods to the defendant.

In addition, an order of seizure against a claim shall take effect to the extent that the claim subject to seizure exists in reality, and it shall not take effect to a new claim newly created after that claim becomes effective.

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