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(영문) 대전지방법원 천안지원 2018.06.20 2017가단112115

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. The Plaintiff is a creditor who was drafted an executory notarial deed under No. 239, April 28, 2015, 2015, with respect to KRW 74,177,000 with respect to the goods-price claim against A.

B. On March 7, 2017, based on the original copy of the above notarial deed, the Plaintiff received a collection order for the attachment and collection of claims (hereinafter “the collection order of this case”) on March 9, 2017, with respect to the amount other than the limit under the Civil Execution Act, among the monthly wages, retirement allowances, and other benefits claims against the Defendant of the Defendant A, and the original copy was served on the Defendant on March 9, 2017.

C. Meanwhile, while joining the Defendant Company on June 1, 2012 and serving as the head of Section B, A resigned on January 31, 2017, which was prior to the delivery of the instant collection order. From February 1, 2017 to July 31, 2017, A worked for the Defendant Company as a contractual position of KRW 1.5 million per month, within the scope of collection restriction under the Civil Execution Act.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion is claimed against the defendant as to KRW 64,00,200 after deducting the amount of KRW 10,500,000, which was already paid by A, as the collection creditor under the collection order of this case.

As of March 9, 2017, it is insufficient to recognize that there exists a monthly wage, retirement allowance, and other claims (other than the scope under the Civil Execution Act) against the Defendant as of March 9, 2017, based on the result of the reply to the submission of each tax information on the Pyeongtaek Tax Office and the astronomical Tax Office of this Court on the instant collection order, which was served on the Defendant.

Rather, according to the statements in Eul 3 through 12 (including each number), the defendant paid the retirement pay to Gap as advance payment, the accumulated amount of the advance payment around the end of the year 2016 was KRW 18 million, and it was adjusted as "pro rata retirement allowance set-off" after entering it in the statement of financial position at that time, and as "pro rata retirement allowance set-off" on the statement of financial position at that time, on January 31, 2017, which is the date of resignation of A.

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