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(영문) 서울중앙지방법원 2016.04.22 2015가단5320940

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed with the Seoul Eastern District Court an application for the seizure and collection order as to the above claim amount by 132,520,39 won with the Seoul Eastern District Court as Seoul Eastern District Court 2014TTT 11004, the amount claimed based on the executory exemplification of the judgment in the loans case 132,520,339 on the basis of the executory exemplification of the judgment in Seoul East Eastern District Court 201Da131895, and by 1/2 of the balance obtained by subtracting the tax and public charges from the salary paid every month (the principal salary and salary) and the end-end allowance received each year (in consideration of the minimum cost of living under the National Basic Living Security Act, if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living under the National Basic Living Security Act, the remaining amount after deducting the tax and public charges out of retirement allowances, until it reaches the above claim amount by 1/2 of the balance deducting the tax and public charges.

B. On July 9, 2014, the foregoing court issued a collection order for the seizure and collection of the instant claim (hereinafter “instant claim seizure and collection order”) and became final and conclusive on July 14, 2014 by serving the Defendant with the instant claim seizure and collection order.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. With respect to the Plaintiff’s assertion that the parties concerned claimed the payment of the collection amount for C’s benefits based on the instant claim attachment and collection order, the Defendant asserted that C’s monthly benefit does not exceed 1.5 million won under the Civil Execution Act and the Enforcement Decree of the same Act, and thus, the Plaintiff’s claim for the collection amount is unjust.

B. In a judgment-making suit, the existence of a claim for collection has the burden of proof to the Plaintiff as a requisite fact. Meanwhile, according to Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act.