추심금
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Basic Facts
The Plaintiff’s claim attachment and collection order and the Plaintiff’s decision to suspend this order were issued with the Seoul Eastern District Court Decision 2014TTTT3797, “The amount until the amount of KRW 10,000,000, which is the claimed amount, out of the one-half of the balance obtained by deducting the tax and public charges from D’s pay, bonus, and retirement pay (However, the amount of prohibition of seizure on benefits provided for in the Civil Execution Act and its Enforcement Decree was excluded), and the above order was served on the Defendant, the garnishee, on March 18, 2014.
In addition, the Plaintiff received the claim attachment and collection order from the Seoul Eastern District Court 2014TTTT4974, “amounting to KRW 20,000,000, which is the claimed amount, out of 1/2 of the balance remaining after deducting taxes and public charges from D’s salaries, bonuses, and retirement allowances (the same shall apply to the amount prohibited from seizure) against the Defendant, who is the garnishee, on March 27, 2014.
D On June 24, 2014, the individual rehabilitation procedure commencement application was filed on June 24, 2014, and on June 30, 2014, the decision was rendered on the suspension of the Plaintiff’s claim attachment and collection order No. 2014, 4974, and the Defendant was served on August 2014.
On October 12, 2016, D's application for commencement of individual rehabilitation procedure was made by decision of dismissal.
After the process of payment of insurance solicitation entrustment contracts and fees between D and the Defendant, the Defendant commissioned D as an insurance solicitor on January 24, 2014, and on February 1, 2014, D was converted to SM in charge of the introduction, fostering, training, and support of business activities of insurance solicitors.
D was dismissed on April 1, 2015.
The Plaintiff requested the Defendant to pay the collection amount in accordance with each of the above claims seizure and collection order, and the Defendant paid KRW 7,163,448 out of the fees to be paid to D on March 31, 2014 to the Plaintiff.
The defendant shall pay KRW 3,92,378 among the fees to be paid in April 2014, KRW 3,986,410 among the fees to be paid in May, 201, KRW 1,794,638 among the fees to be paid in June, and KRW 1,794,638 among the fees to be paid in July.