beta
(영문) 서울중앙지방법원 2018.08.22 2018가단20543

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 18,260,480 as well as 15% per annum from June 19, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. Upon issuance of promissory notes worth KRW 200 million from B, the Plaintiff was prepared and delivered by a notary public, who is a law firm, an executory deed of No. 377 of 2016 (hereinafter “notarial deed of this case”).

B. On March 6, 2017, the Plaintiff received the claim amounting to KRW 200 million (hereinafter “instant collection order”) regarding the portion of the wage claim (the amount obtained by deducting taxes and public charges from principal salary, various allowances, bonuses, etc.) against the Defendant, who is the administrator of the superior company of the rehabilitation debtor, Co., Ltd. based on the original copy of the instant notarial deed, as Seoul Central District Court Decision 2017TTB, and issued the instant collection order on March 10, 2017. The instant collection order was served on the Defendant on March 10, 2017.

C. B is continuously serving as the employee of the first-aid company, the debtor company, etc., and with respect to the period from March 2017 to January 11, 2018, the wage claim amounting to KRW 36,520,960, excluding taxes and public charges, occurred, and one-half of which was attached.

Meanwhile, the Plaintiff received reimbursement of KRW 70 million out of the face value of promissory notes 200 million on the instant notarial deed.

[Ground of recognition] A without dispute, Gap evidence 1, 2, Eul evidence 1, the whole purport of pleading, plaintiff

2. According to the facts of the above recognition, the defendant, as the administrator of the senior debtor company of the rehabilitation debtor company, is the third debtor of the collection order of this case, is the debtor of the rehabilitation debtor company, and the defendant, as the collection right holder who received the collection order of this case concerning the portion other than the prohibition of seizure among the wage claim B, which falls under the priority claim, as the wage claim of workers of the senior debtor company of the rehabilitation debtor company, and the collection right holder who received the collection order of this case. The plaintiff, among the claim amount of 200 million won, seeks within the scope of KRW 130 million,00 won