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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff had the credit (30 million won and the amount calculated at the rate of 20% per annum from August 6, 2009 to the date of full payment) based on the judgment on the loan claim case against B, Seoul Central District Court Decision 2009Da27637, and the credit (4,394,180 won) based on the decision of the Seoul Central District Court Decision 2012Kaba2613, supra.
B. Based on the original judgment and the original judgment with executory power, the Plaintiff was served on June 27, 2014 with the Seoul Southern District Court 2014TTTT 11792, “Defendant B: the Defendant, the amount claimed: 63,08,700 won,” and received a decision to seize and collect the following claims. The instant collection order was served on the Defendant on July 2, 2014.
-the identification of claims to be seized and collected - gold 63,088,700
1. Monthly salary and allowances paid each month by the debtor to a third party and the balance left after deducting the taxes and public charges from the bonus paid periodically or unlawfully;
(a) Where the amount is more than 1.5 million won but not more than three million won, the remainder after subtracting 1.5 million won;
(b) Amount exceeding 1/2 of the monthly salary in cases where the amount exceeds 3 million won but does not exceed 6 million won;
(c) Where the amount exceeds 6 million won, the remaining amount excluding 3 million won [3 million won (benefit/2)-3 million won]/2];
2. When the debtor makes an interim settlement of retirement or retirement allowances between the persons who have not attained the above claims, the amount equivalent to one half of the amount obtained by deducting taxes and public charges from the retirement allowances to be received by the debtor or interim settlement of accounts, or honorary retirement allowances to be paid to the debtor as retirement subsidies, up to the amount claimed.
On the other hand, from July 2014 to October 2015, the defendant paid to B wife C the amount of money listed in Table 4 below as allowances for individual business income earners.
(4) The local income tax of KRW 163,920 on July 5, 2014 and KRW 163,920 on July 5, 2014, 163,283,690 on the date and time of payment.