추심금
1. The Intervenor’s appeal is dismissed.
2. The costs of appeal are borne by the Intervenor joining the Defendant.
purport.
The reasoning of this court’s judgment citing the judgment of the first instance is as stated in the reasoning of the judgment of the first instance except for adding the following additional judgments as to the allegations emphasized by the Intervenor to the Defendant (hereinafter “ Intervenor”) in this court. As such, this court’s judgment is acceptable in accordance with the text of Article 420 of the Civil Procedure Act.
Additional Judgment
A. The Intervenor asserted that the Intervenor’s claim for retirement pension of this case is essential to guarantee the basic livelihood of the Intervenor and his family, and the retirement pension of this case was accumulated in return for the performance of his duties, and thus, the Intervenor’s claim for retirement pension of this case constitutes the claim for prohibition of seizure under Article 246(1)4 of the Civil Execution Act.
B. Article 246(1) of the former Civil Execution Act provides that “The amount equivalent to one half of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature” in the main sentence of Article 246(1)4 of the former Civil Execution Act provides that “an amount equivalent to one half of retirement allowance and other wage claims of similar nature” in subparagraph 5 shall be prohibited from seizure.
The purpose of this is as follows.
In the event of a debtor living on a regular basis with a continuous and regular basis, such economic income (including the economic income that has already been obtained on a one-day basis or on a regular basis after he/she has no longer engaged in such a day) is the basis for maintaining the livelihood of the debtor himself/herself and his/her family members.
Therefore, by limiting the exercise of the rights of creditors related thereto to a certain part, it guarantees the basic living (living) of the debtor and his family members, and maintains the will to work or perform duties.
It is intended to take social and policy considerations to enable the future life.