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(영문) 서울중앙지방법원 2015.08.19 2015가합12319

추심금

Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 18, 2008, the Plaintiff filed a lawsuit with the Seoul Central District Court 2008Kadan18688, and sentenced that “A shall pay to the Plaintiff 34,708,605 won and 7,503,127 won with 5% interest per annum from October 20, 1999 to 25,000,000 won.” This was finalized on May 14, 2008.

B. In addition, the plaintiff filed a lawsuit with the Seoul Central District Court 2009Kadan105763 on June 23, 2009 that "A shall pay to the plaintiff 5,204,745 won and 18,484,200 won with the interest of 25% per annum from January 18, 2006 to the date of complete payment," which became final and conclusive on August 13, 2009.

C. The Plaintiff: (a) issued a claim for indemnity established by each of the above judgments under the Suwon District Court Decision 2010TT14132 (the total amount of principal and damages for delay calculated as of July 7, 2010) with an executory claim; and (b) issued a claim amounting to one half of the remainder of the wage claim against the Defendant (the amount calculated as of July 16, 2010 less the tax due and public charges, out of the wage payment paid each month, shall be the seized claim; (c) where such amount falls short of 1.2 million won, the Plaintiff requested a seizure and collection order with the seized claim; and (d) received a decision of acceptance on July 14, 2010; and (e) served the Defendant on July 16, 2010 with the aforementioned seizure and collection order (hereinafter “instant seizure and collection order”).

The monthly wage of A from January 2010 to April 2015 submitted by the Defendant is KRW 3,950,50,500 (the criteria for exclusion from taxes and public charges; hereinafter the same shall apply) from January 2010 to June 2010, KRW 1,450,000, from July 7, 201 to June 201, and KRW 1,400,000 from July 201 to December 2013, 201, and KRW 1,450,000 from January 201 to April 2015, 201 to be submitted by the Defendant, respectively, and is based on Party A submitted by the Defendant.