추심금
The defendant shall pay to the plaintiff KRW 13,214,171 as well as 5% per annum from March 20, 2019 to June 17, 2020 and from the next day.
1. Facts of recognition;
A. On September 19, 2018, the Daejeon District Court rendered an order for payment of KRW 1770,500,000,000 and damages for delay filed against C, which became final and conclusive around that time.
B. On the basis of the above executory payment order, the Plaintiff received the Daejeon District Court 2018TTT 14223 and issued a collection order against C’s wage claim against C, and served the Defendant, who is the garnishee, with the collection order issued on November 14, 2018.
C. From December 1, 2011, C retired on December 31, 2018, when serving in the Defendant Company, and retired from office on December 31, 2018. After serving a collection order, C’s wages of KRW 7,009,560 (i.e., wages of KRW 7,009,560 (i.e., December 2018), retirement allowances of KRW 6,204,611, etc. were totaled 13,214,171 claims against the Defendant.
[Ground] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 13,214,171, and the damages for delay calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from March 20, 2019 to June 17, 2020, which is the date following the delivery date of a copy of the complaint, to the day following the delivery date of a copy of the complaint.
The Plaintiff claims damages for delay from November 13, 2018, immediately before the collection order of this case was served on the Defendant, the garnishee.
A collection order shall be issued when it conferred to the execution creditor the right to collect the claim against the garnishee, and the garnishee order the execution creditor to pay the amount equivalent to the claim amount, or specify the payment period. Therefore, the time when the garnishee is liable for delay to the execution creditor is not the time when the collection order is served, but the collection amount from the execution creditor after the issuance of the collection order.