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(영문) 서울중앙지방법원 2016.06.23 2015가단195606

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

(a)The facts below the facts of recognition do not conflict between the parties, or may be admitted by taking into account the whole purport of the pleadings in each entry of Gap evidence of sub-paragraphs 1 to 5 and Eul evidence of sub-paragraphs 2 to 5 (including the numbers of sub-numbers; hereinafter the same shall apply).

(1) On May 9, 2014, the Plaintiff was sentenced to the Seoul East Eastern District Court Decision 2013Gahap16570, which rendered a judgment that “B shall pay to the Plaintiff KRW 133,242,617 and its delay damages.” The above judgment became final and conclusive around that time.

(2) On March 20, 2015, the Plaintiff, based on the above judgment, received a decision to seize and collect the following claims that B holds against the Defendant against the Defendant with the amount claimed as KRW 159,526,092 at the credit branch of Suwon District Court:

(C) On March 26, 2015, the instant collection order was served on the Defendant, which was issued on March 26, 2015.

(3) The wage claims seized by the instant collection order are as follows.

The amount of money until the amount reaches the above claim amount by one-half of the balance obtained by subtracting taxes and public imposts from the amount of monthly salary (this salary and allowance) and the end-of-time allowance (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 in consideration of the remaining amount except for the amount prescribed by the Enforcement Decree of the Civil Execution Act, and the living cost of a standard household in consideration of the minimum cost of living under the National Basic Living Security Act) of the debtor's monthly payment from the third debtor and the amount of retirement or interim payment of retirement allowances which the debtor has not attained, up to the above claim amount by one-half of the balance calculated by

B. According to the above facts, unless there are special circumstances, the defendant, the garnishee of the collection order of this case, is not more than 159,526,092 won, which was issued to the plaintiff, the collection creditor of this case.