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(영문) 대구지방법원 안동지원 2018.11.28 2017가단3666

추심금

Text

1. Defendant B’s KRW 16,349,315 as well as 5% per annum from October 24, 2017 to November 28, 2018, respectively, to the Plaintiff.

Reasons

Basic Facts

Defendant B and D (hereinafter “Defendant B, etc.”) operate the Fandong-si E (hereinafter “instant boundary”) from February 20, 2003 to February 20, 2003, and Defendant C served as the president at the instant boundary point.

G From March 1, 2005 to June 7, 2017, G worked on the condition that monthly salary of KRW 2,500,000 (the fifth day of each month) is paid at the inner border point of this case.

On May 12, 2017, based on the executory exemplification of the judgment rendered by the Daegu District Court Decision 2008Gau11683 rendered against G, the Plaintiff was issued a seizure and collection order (hereinafter “instant collection order”) with respect to the following claim for the payment and retirement allowance (hereinafter “instant collection claim”) against the Defendants of G against the Daegu District Court, the Daegu District Court rendered a seizure and collection order (hereinafter “instant collection order”), and the instant collection order was served on the Defendants, the garnishee, on May 16, 2017.

(1) Of the total amount of claims to be seized and collected, the sum of KRW 53,786,301 among the total amount of claims KRW 53,786,301, ① the amount of the above claims, 1/2 of the amount calculated by subtracting the tax and public charges from the wage (main salary and allowances) and the bonus that the debtor G receives every month from the third debtor (the defendant) as joint and several obligations (Provided, That in consideration of the minimum cost of living under the National Basic Living Security Act, the remaining amount excluding the amount prescribed by the Enforcement Decree of the Civil Execution Act, if the amount 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) and ② when he retires from the above claims, 1/2 of the amount calculated by subtracting the tax and public charges from the retirement allowances, and H of G’s creditor obtained on May 8, 2009 from the authentic copy of the notarial deed prepared by the International Law Firm No. 2009, Jun. 27, 2009: