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(영문) 수원지방법원 2016.09.22 2016가단509521

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Relevant C serves as a representative director of the Defendant and resigns the representative director on August 1, 2014 and currently serves as a director.

The Plaintiff, as a partner of C, filed a lawsuit against C seeking payment of KRW 300 million of the share purchase price and interest thereon by the Incheon District Court 201Ga20211, and was sentenced to a favorable judgment on February 13, 2014. The said judgment was finalized on October 15, 2014.

B. In order to preserve KRW 404,351,00,03 of the above sales price claim against C as Seoul Central District Court 2014TTTT 16314, the Plaintiff requested the attachment and collection order of the claim against C, the garnishee, and the seized claim, with KRW 404,351,003 of the wage and retirement allowance claim against C, and requested the attachment and collection order of the claim on June 11, 2014 (hereinafter “instant collection order”).

(2) On June 16, 2014, the instant collection order was served on the Defendant on the part of June 16, 2014. (2) The wage or retirement allowance claim attached as the instant collection order is specifically “the amount until the above amount claimed, one half of the balance obtained by subtracting the tax and public charges from the wage claim received each month by the debtor from the third debtor, until it reaches the above claim (However, in cases where 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 in consideration of the minimum cost of living, the remaining amount excluding such amount, and the amount equivalent to the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the cost of living of the standard household) and the cost of living of the standard household

C. Upon the process of the previous lawsuit, the Plaintiff filed a claim for the collection order of this case against the Defendant, with the sum of KRW 8,814,260, and the amount equivalent to 1/2 of the limited amount of taxes and public charges, from the wages paid in June and July 2014 by C, as the cause of the claim.