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(영문) 수원지방법원 2017.06.02 2016가합74046
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 16, 2016, the gist of the Plaintiff’s assertion: (a) the Plaintiff had claim KRW 212,014,428 against B; (b) the Plaintiff obtained a claim for return of unjust enrichment or claim for damages against the Defendant under the Suwon District Court Order 2016TT101; and (c) the said decision was served on the Defendant on April 18, 2016.

Therefore, the defendant is liable to pay the above amount to the plaintiff.

2. In light of the judgment, even if the creditor received the order of seizure and collection, the existence and amount of the seized claim should be proved in order to request the third debtor to pay the collection amount. However, the plaintiff submitted the document of the decision of seizure and collection order and the document of the document of the document of the document of the document of the document of the document of the decision of the seizure and collection order and the document of the document of the document of the document of the document of the document of the document of the delivery.

Ultimately, the evidence presented by the Plaintiff alone does not prove that B has a claim for restitution of unjust enrichment or a claim for damages against the Defendant. Therefore, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the costs of lawsuit are assessed against the plaintiff. It is so decided as per Disposition.

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