(영문) 대구지방법원경주지원 2015.05.19 2014가단10949

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(영문) 대구지방법원경주지원 2015.05.19 2014가단10949

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. On September 15, 2006, the Plaintiff filed a claim for reimbursement against A, etc. with the Ulsan District Court Decision 2006Ga22462, and rendered a judgment that “A, etc. jointly and severally, shall pay to the Plaintiff 44,53,983 won, and 44,405,863 won among them, 15% per annum from February 22, 2006 to July 4, 2006, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on October 10, 206.

B. 1) The Plaintiff, based on the executory exemplification of the judgment in the claim for reimbursement amounting to the above 2006Gadan22462, on February 20, 2014, based on the executory exemplification of the judgment, issued by the Ulsan District Court 2014TTT2163, the Plaintiff seized and collected the claim amounting to KRW 114,236,103, out of the total sum of the principal and interest of the above claim amount, as the claim amounting to KRW 100 million (hereinafter “instant claim seizure and collection order”).

A) On February 25, 2014, the above order was served on the Defendant, who is the garnishee, and was finalized around that time. The amount of the monthly salary (main salary and allowances) received by the Defendant and the end-of-day allowance (in June and December of each year) received by the Defendant, up to the above claim amount, one half of the balance obtained by subtracting the public charges and the public charges from the amount of the monthly salary (Provided, That if the Enforcement Decree of the Civil Execution Act is equivalent to 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, the remaining amount excluding it, if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living of the standard household, and if he retires between the amount remaining after deducting the public charges and the public charges out of the retirement allowances and

1. Where benefits are not more than 1,500,000 won, the full prohibition of seizure;

2. The remaining amount obtained by deducting 1,500,000 won from the claimed amount, where the benefits amount exceeds 1,500,000 won but is not more than 3,000,000 won; and

3. If the benefits exceed 3,00,000 won and do not exceed 6,00,000 won, such amount; and

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-민사집행법 시행령

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