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(영문) 서울중앙지방법원 2018.06.07 2017가단5180030

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 defendant is a company that operates insurance agency, intermediary, etc., and the defendant company B has been paid allowances, etc. according to the insurance solicited while serving as an insurance solicitor at the defendant company.

B. On August 24, 2016, the Plaintiff: (a) as the Daejeon District Court Branch Branch of Daejeon District Court Decision 2016Kadan10640 on August 24, 2016, the obligor B and the third obligor were the Defendant, and (b) the Defendant “B obtained a provisional attachment order within the scope of KRW 30 million of the claim amount, excluding the amount prohibited from seizure from among the monthly benefits (the amount obtained by deducting the taxes and public charges from the principal salary, various allowances, bonuses, etc.) to be paid by the Defendant.” The provisional attachment order was served on August 29,

C. On June 15, 2017, the title of the Daejeon District Court Decision 2016Ga109280 Decided B as the Daejeon District Court Branch Decision 2016Da109280 Decided June 15, 2017, the Plaintiff transferred the provisional seizure period of KRW 30 million to the original seizure, and additionally issued a seizure and collection order of KRW 23,506,621, which additionally seizes KRW 23,506,621, and the above seizure and collection order was served on the Defendant on June 20, 2017.

[Judgment of the court below]

2. Judgment on the plaintiff's assertion

A. As to the plaintiff's assertion and the defendant's counterclaim that the plaintiff sought the payment of the collection amount under the above seizure and collection order, the defendant asserts that the defendant did not have the collection amount to the plaintiff, since Eul received the above provisional seizure order in excess of 1,50,000 won, which is the prohibited amount of seizure.

B. Therefore, there is no evidence to acknowledge that the Defendant had the obligation to pay allowances exceeding KRW 1.5 million to B after receiving the above provisional seizure order and the seizure and collection order, whereas rather, according to the statement in the evidence Nos. 2 through 5, the allowances paid or to be paid by the Defendant to B after receiving the above provisional seizure order shall be KRW 1,490,00 in November 1, 2016, KRW 162,983 in December 1, 2016, KRW 1,50,00 in January 1, 2017, KRW 50,000 in January 1, 2017, and KRW 1,471,094 in February 2017.