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(영문) 의정부지방법원 2019.09.27 2018가합54491
추심금
Text

1. The Defendant’s KRW 84,782,865 as well as the Plaintiff’s annual rate of KRW 6% from July 5, 2018 to September 27, 2019.

Reasons

1. Basic facts

A. (1) The Plaintiff filed an application for a seizure and collection order with the Plaintiff as the obligee, B as the obligor, and the Defendant, etc., based on the executory exemplification of the loan case with the Suwon District Court 2018TTTT 2018T 5672, the Plaintiff issued a seizure and collection order of the above application on April 11, 2018 (hereinafter “instant seizure and collection order”). The original copy was served on the Defendant on April 16, 2018, and the claims against the Defendant attached pursuant to the seizure and collection order of the instant claim are as follows:

C With respect to monthly salary (main pay and allowances) received every month by the Defendant and other benefits under all other names, the balance obtained by deducting taxes and public imposts, which exceeds 1,50,000 won, under Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act, until the amount claimed in 521,042,527 won, according to the following methods:

1. An amount exceeding 1,500,000 won for up to 3,000,000 won;

2. Benefits of more than 3,00,000 won and up to 6,000,000 won; and

3. Where the amount exceeds 6,00,000 won: Provided, That the amount calculated by subtracting the amount 3,00,000 won (amount x 1/2 - 3,000,000) x 1/2) x 3,000 won: Provided, That when C during the interim settlement of retirement or retirement allowances, the amount equivalent to 1/2 of the amount calculated by deducting the tax and public charges from the amount of retirement benefits (excluding retirement pension under the Guarantee of Workers' Retirement Benefits Act) or interim settlement payments to be received by C in connection with retirement or other retirement, retirement allowances to be paid by C in connection with retirement, or

B. In relation to the Defendant and C, the Defendant was established on February 3, 1995 for the purpose of manufacturing automation components and wholesale and retail business, and C was appointed as an inside director and representative director on April 1, 2016, but dismissed from the office of representative director on March 30, 2018.

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