A. The Plaintiff, based on the authentic copy of a promissory note No. 109 on June 7, 2017, based on the D’s authentic copy of the D Deed No. 109, the Plaintiff received a claim amounting to KRW 450,000,00 (hereinafter “instant collection order”) from the Defendant’s representative director, as the Seoul Northern District Court Decision 2017TT 105808, Jun. 7, 2017, for the claim amounting to the Defendant, who is the garnishee, the Defendant. The instant collection order was served on the Defendant, who is the garnishee, on June 12, 2017.

B. The collection order of this case provides that “The amount of the claim that the Plaintiff directly collects to the Defendant shall be one half of the amount of the above claim (450,000,000 won) calculated by deducting the tax and public charges from the tax and public charges, among the salaries received each month by the obligor from the garnishee (main pay and various allowances) and the end allowances (in June and December) received by the obligor in June and December each year.”

(c) C was paid by the Defendant totaling KRW 17,280,00 in the year 2017, KRW 17,400,000 in the year 2018, and KRW 17,400,00 in the year 2019.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 and 2, the result of the order to submit taxation information to the head of the Dongdaemun District Tax Office, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is liable to pay 450,000,000 won, the claimed amount, and delay damages to the plaintiff according to the collection order of this case.

B. According to the facts of recognition under paragraph (1), the Defendant is obligated to pay the amount equivalent to 1/2 of the benefits to be paid to C after June 12, 2017, upon receipt of the instant collection order, according to the instant collection order, to the Plaintiff as the collection right holder.

Furthermore, in light of the fact that there is no clear evidence as to whether the timing for payment of C’s benefits in June 2017 was after the issuance of the instant collection order, and there is no clear evidence to recognize C as holding a benefit claim against the Defendant even in 2020, the collection amount that the Defendant has to pay.