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(영문) 창원지방법원 2016.08.23 2015가단10243
추심금
Text

1. The Defendant’s KRW 47,762,530 for the Plaintiff and KRW 6% per annum from June 2, 2015 to August 23, 2016.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C filed a civil lawsuit seeking the payment of guaranteed debt against the Defendant (which was changed from D to December 23, 201) as the former representative director at the time of the rehabilitation procedure, the custodian at the time of the rehabilitation procedure, and C who is currently in the position of an in-house director after the completion of the rehabilitation procedure. On January 20, 2015, the conciliation was concluded that “the Defendant (C) paid KRW 300,000,000 to the Plaintiff by February 28, 2015, and paid the unpaid amount by adding the damages for delay calculated at the rate of 20% per annum to the Plaintiff.”

(Seoul District Court 2014Gahap2501, hereinafter referred to as "the instant conciliation decision"). (b)

(1) On May 19, 2014, the Plaintiff: (a) rendered a provisional attachment order on the following claims against the Defendant against Changwon District Court Decision 2014Kahap183 (hereinafter “provisional attachment order of claim”) by deeming C as the amount claimed for a partial loan claim of KRW 30,000,000 against the obligor, the Defendant, the third obligor, and the Plaintiff, as the amount claimed; and (b) the provisional attachment order of claim against C (hereinafter “provisional attachment of claim”).

(2) On May 7, 2015, the original copy of the above decision was served on the Defendant on the 22th of the same month. The amount until the above claim amount is calculated by deducting all the taxes and public charges, and the living expenses of standard household from the monthly wage (this salary, various allowances, and bonuses) to be paid by the obligor from the garnishee: Provided, That in the case of retirement or interim settlement of retirement benefits between the amount of the above claim amount and the amount of interim settlement of the retirement or interim settlement of payment, the amount until the above claim amount reaches 30,000,000,000 won for the Plaintiff’s guaranteed liability against C on the basis of the instant adjustment order, with the amount of claim amount of KRW 30,00,000,000 for the Plaintiff’s guaranteed obligation to the Defendant as to the Defendant under the provisional seizure No. 2015-4209, Nov. 1, 201.

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