1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From August 30, 2014 to February 28, 2015, the Plaintiff supplied non-ferrous metal products to B, but was not paid the outstanding amount of KRW 41,095,340 from B. As the Plaintiff applied for a commodity payment order with the Suwon District Court 2015 tea1215, and received a payment order on June 8, 2015 from the said court (hereinafter “instant payment order”). The said order was finalized on June 26, 2015.

B. On September 25, 2015, the Plaintiff, based on the original copy of the instant payment order, received a claim of KRW 21,707,346 from the Suwon District Court, which was KRW 2015,5631 (hereinafter “instant seizure and collection order”) with respect to the claim of KRW 21,707,346 among the claim for the purchase of goods against the Defendant. The order was served on the Defendant on October 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The Plaintiff’s assertion B has a claim against the Defendant for the purchase price of goods, such as materials, and the Defendant, as the third obligor of the seizure and collection order of this case, is obligated to pay the Plaintiff, the obligee, with the collection amount of KRW 24,765,80 and delay damages.

3. The existence of a claim for collection is a requisite fact and the burden of proof exists on the plaintiff (see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). The evidence submitted by the plaintiff and the national bank of this court, our bank, KEB bank, and the Korean C&B bank are insufficient to recognize that B has a claim for the purchase of goods, such as materials, against the defendant. There is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion that B has a claim for supply of goods, such as materials, against the defendant is without merit.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.