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(영문) 전주지방법원 군산지원 2018.06.28 2017가단55051

청구이의

Text

1. The defendant's Jeonju District Court Branch 2012Gau2296 collection amount against the plaintiff as of October 9, 2012.

Reasons

1. Facts of recognition;

A. On March 19, 2008, the Plaintiff filed an application for provisional seizure of A’s wage claims, etc. against the Plaintiff with the claim amounting to KRW 25 million out of KRW 100 million, which was held against A on March 18, 201, as the claim amounting to KRW 100 million. On April 4, 2011, the Jeonju District Court rendered a decision of provisional seizure of claims with the Jeonju District Court Branch 201Kadan575.

B. On August 9, 2012, the Defendant received a seizure and collection order (hereinafter “the collection order in this case”) from the Jeonju District Court Branch of Gunsan Branch of 2012TTT 4517, the claim amounting to KRW 108,091,023 as to the claims indicated in the separate sheet against the Plaintiff.

The instant collection order was served on August 13, 2012 on the Plaintiff.

C. Since then, based on the collection order of this case, the Defendant filed a lawsuit against the Plaintiff on the grounds of the Jeonju District Court’s Gunsan Branch 2012Gab2296, and accordingly, the Plaintiff paid to the Defendant the amount equivalent to KRW 10 million and the amount equivalent to 20% per annum from October 13, 2012 to the date of full payment. The Defendant’s decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) dated October 9, 2012 became final and conclusive on October 27, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 1 through 2 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination:

A. The summary of the Plaintiff’s assertion is KRW 1,453,00 per month’s salary at the time of the decision on the instant performance recommendation, and thus, there is no collection amount to be paid to the Defendant by the Plaintiff due to the claim that is prohibited from seizure under the Civil Execution Act.

(b) Relevant Acts and subordinate statutes 1) Article 246 (1) 4 of the Civil Execution Act. Article 246 (1) 4 and 246 (1) of the same Act shall not be seized

4. Amount equivalent to 1/2 of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature: Provided, That the amount shall be in consideration of the minimum cost of living under the National Basic Living Security Act;