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(영문) 수원지방법원 2017.05.23 2016나18088

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The judgment on the cause of the claim (hereinafter “Defendant”) is a company established for the purpose of food and food manufacturing business, etc., and C has served as a director at the Defendant company from July 25, 2014. The Plaintiff, based on the authentic copy of the judgment with executory power over the contract deposit case No. 2014Gaso61834, Incheon District Court Decision No. 2014, Aug. 6, 2015 (the amount obtained by deducting taxes and public charges from the principal salary, various allowances and bonuses, etc.) which the debtor C would have against the Defendant company of the third party under the Seoul Western District Court Decision No. 2015, Aug. 6, 2015 (the above claim attachment and collection order) and the claim attachment and collection order as to money from the amount other than the prohibited amount of seizure to KRW 5,914,578 (the above claim attachment and collection order) and the above claim attachment and collection order were issued to the Defendant from KRW 201,500,00,00333.

According to the above facts, the Defendant: C’s payment claim of August 2015, which was not paid at the time of delivery of the issuance of the order for seizure and collection of the instant claim, and the amount remaining after 1.5 million won per month, which is the minimum amount to be prohibited from seizure under Article 3 of the Enforcement Decree of the Civil Execution Act, among the payment claim of August 2015 and bonus claims to be incurred in the future, i.e., the remaining amount of KRW 1.5 million excluding KRW 1.5 million out of the amount of August 3, 2015 benefits of KRW 300,000,000,000,000 per month, excluding KRW 1.5 million from September 2015 to March 2016; 3.3 million in total excluding KRW 1.5 million each month from among the amount of benefits and bonuses from KRW 300,000,000 to KRW 1.5 million from September 30, 2015.