전부금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 through 3, the facts that ① from June 20, 2019 to June 20, 2019, "C shall pay to the plaintiff 30,000,000 won and the amount equivalent to 12% per annum from the next day of delivery of the complaint to the day of complete payment" filed by the plaintiff with the plaintiff as to the contract amount lawsuit (Seoul Central District Court 2019DaDa138711), was confirmed as of July 9, 2019 after the decision of performance recommendation was made and confirmed as of July 26, 2019; ② on July 26, 2019, the plaintiff received from the defendant the assignment and assignment order (Seoul Central District Court 2019Da13893) with respect to the claim against the defendant as the claim claim claim amounting to KRW 30,481,260,000.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the full amount of KRW 30,197,260 and delay damages.
2. Judgment on the defense
A. The Defendant’s defense C’s deposit balance does not exceed 1850,000 won, and thus, constitutes a claim prohibiting seizure under Article 246(1)8 of the Civil Execution Act, and thus, cannot respond to the Plaintiff’s claim for total amount
B. According to Article 246(1)8 of the Civil Execution Act and Article 7 of the Enforcement Decree of the same Act, deposit claims with the balance of 1850,000 won or less per individual constitute claims subject to prohibition of seizure.
The above provision is a mandatory provision to guarantee the minimum livelihood of the debtor.
As above, a seizure order against a deposit claim prohibited from seizure is null and void because it violates a mandatory provision.
(See Supreme Court Decision 2013Da40476 Decided June 11, 2015). Meanwhile, since an assignment order has the effect of transferring the entire claim from the obligor to the execution creditor in lieu of the payment of the attached claim, the assignment order has the effect of transferring the entire claim from the obligor to the execution creditor, the attachment which forms the premise of the assignment order