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(영문) 인천지방법원 2017.11.23 2017가단213097
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 24, 2017, the Plaintiff asserted that: (a) based on the executory exemplification of the judgment with executory power in the loan case No. 2016da113375 against the Defendant, the Plaintiff received the attachment and collection order of the claim to transfer the provisional attachment to the Defendant to the Incheon District Court No. 2017TTTT No. 50607 on January 24, 2017; and (b) on January 26, 2017, the Defendant is obligated to pay the Plaintiff the money stated in the purport of the claim.

2. The plaintiff must prove the existence of a claim for collection in a judgment-based lawsuit. The evidence alone presented by the plaintiff is insufficient to recognize the existence of a claim for collection of claims, and there is no other evidence to prove this otherwise. Thus, the plaintiff's assertion is without merit.

3. In conclusion, 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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