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(영문) 서울중앙지방법원 2021.02.04 2019가단49039

추심금 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition and cause of claim;

A. On March 21, 2018, 2018, 2018, i.e., KRW 82,910,685 of the wage claim that D received monthly payment from the Defendant, was issued a seizure and collection order (the instant seizure and collection order) with respect to “the amount until it was paid in KRW 82,910,685, out of the wage claim that D received monthly payment from the Defendant.” (B) The Plaintiff filed a lawsuit seeking payment of KRW 82,910,685 of the above claim amount among D’s wage claim based on the instant seizure and collection order, and delayed damages.

2. According to the evidence No. 1 (a collection order for the seizure of claims), the instant collection order stipulated that “if the benefits are less than 1.5 million won, the total amount shall be excluded from those subject to seizure,” which is the minimum amount to be prohibited from seizure under the proviso of Article 246(1)4 of the Civil Execution Act, and Article 3 of the Enforcement Decree of the Civil Execution Act, is the minimum amount to be prohibited from seizure under Article 246(1)4 of the Civil Execution Act, which is in force at the time of the instant collection order, does not constitute the claims

Accordingly, according to the evidence evidence Nos. 1 and 2 of Eul, D's monthly benefit does not exceed 1.5 million won, and unlike D, D has a benefit claim of at least 1.5 million won per month subject to the seizure collection order of this case.

there is no evidence to determine the person.

Therefore, the claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.