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(영문) 대구지방법원 서부지원 2018.09.20 2017가단62195

추심금

Text

1. The defendant shall pay 12 million won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. In the case of the agreed amount between the Plaintiff, C and D, Seoul Northern District Court 2015Kadan116145, the said court rendered a judgment on January 14, 2016 that “C and D jointly pay KRW 59,577,618 and delay damages to the Plaintiff jointly and severally,” and the said judgment became final and conclusive on May 1, 2017.

B. In the case of applying for the attachment and collection order of the claim against D’s Defendant on May 10, 2016, the above court issued a collection order against the Defendant until the time (excluding the remainder 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 under the National Basic Living Security Act, and the cost of standard households’ living) and the amount calculated by deducting the tax and public charges from the amount of the aforementioned claim (hereinafter “instant collection order”) until the time when the Plaintiff retires between the amount of the claim and the amount of the claim (excluding the remainder where the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the amount determined by the Enforcement Decree of the Civil Execution Act in consideration of the cost of living under the National Basic Living Security Act) and the amount of the claim. < Amended by Presidential Decree No. 27201, Jun. 27, 2016>

C. D, on May 8, 2015, was appointed as the Defendant’s representative director on the corporate register, and resigned on April 24, 2017, and the amount of D’s earned income in 2016 is KRW 48 million.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and fact-finding about the Nam Daegu Tax Office

2. In light of the above facts, the Plaintiff sought payment of KRW 32 million according to the collection order of this case, and according to the above facts, D’s benefits from July 2016 to December 12, 2016, immediately after the issuance of the collection order of this case to the Defendant.