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(영문) 전주지방법원군산지원 2015.10.08 2014가합1876
추심금
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1. The request is dismissed.

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

Reasons

1. On September 10, 2014, the Plaintiff’s claim against the representative director C, issued a seizure and collection order (amounting to KRW 1,143,496,594 out of the loan claim amounting to KRW 843,496,594, and KRW 300,000,00 among the wage claim amounting to KRW 843,496,594, and KRW 300,000 among the wage claim amount), and the above order was served on the Defendant, the garnishee, on September 23, 2014.

Therefore, the defendant is liable to pay to the plaintiff as the collection right holder KRW 1,143,496,594 and delay damages.

2. In a lawsuit claiming a collection amount, the executor must prove the existence of the claim. Thus, the plaintiff must prove the existence of the loan and the benefit claim against the defendant C.

For this purpose, the Plaintiff asserts that the amount of KRW 1,187,50,840, which was arranged by the Defendant to have been borrowed from C’s Negation during the period from 2008 to 2010 was actually borrowed from C, and that C has at least KRW 843,496,594, and the amount of loan claims equivalent to KRW 300,000,000 against the Defendant.

First of all, it is recognized that C's children were working as the defendant's representative director or a joint representative director, and D is a real owner of C, D is a denial of C, and D's shares are owned by C's family members (i.e., 53.33% of E, 10% of E, 10% of E, 36.67%) while the defendant arranged the above 1,187,50,840 won as D's provisional payment, it is recognized that C's children were working as the defendant's representative director or joint representative director, and D is not a circumstance that it was involved in the defendant's management other than that it was taken as the defendant's internal director on January 3, 2013.

However, the above circumstances alone are insufficient to recognize that KRW 843,496,594, among the Defendant’s provisional receipts of KRW 1,187,50,840 claimed by the Plaintiff, actually borrowed money from C, and otherwise.

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