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(영문) 서울중앙지방법원 2018.09.19 2017가단5166478

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. C filed a lawsuit against the Plaintiff claiming the name of the building, etc., and accordingly, the Plaintiff filed a counterclaim against C claiming the payment of the loan.

[Seoul Western District Court 2014Kahap3611 (principal lawsuit), 33628 (Counterclaim). The appellate court rendered a judgment that included the amount calculated by applying each ratio of 25% per annum from December 11, 2010 to July 14, 2014, and the amount of KRW 2015Na203701 (principal lawsuit), 2015Na2015Na203708 (Counterclaim) (Counterclaim), which is the appellate court, in June 24, 2016, including “C” in KRW 2,764,749,908, and among them, KRW 1,170,961,965 to the Plaintiff, and KRW 30% per annum from the next day to the day of full payment, and KRW 25% per annum from the next day to the day of full payment. C’s main claim and the Plaintiff’s remainder of the counterclaim are dismissed.”

B. Based on the original judgment with executory power of the instant case, the Plaintiff filed an application for the seizure and collection order under this Court 2016TT113742.

On January 9, 2017, this Court accepted the above application and issued a collection order (hereinafter “instant collection order”) against the Defendant (third obligor) of C (debtor) for the following claims.

The instant collection order was served on January 12, 2017 on the Defendant.

The amount of money up to the above claim amount by one half of the amount calculated by deducting taxes and public charges from the salary (main salary, allowance, bonus, etc.) and the profits from duties that the debtor receives every month from the third debtor, and by one-half of the amount calculated by deducting the tax and public charges from the amount of the monthly salary (if it 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 excluding it, and if it falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the cost of living of the standard household) and when he retires from office between the amount of the claim amount and the amount of the claim amount, one-half of the amount of money for retirement allowance, retirement allowance, or honorary retirement allowance, etc.