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(영문) 부산지방법원동부지원 2015.10.23 2015가단1460
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 14, 2012, the Plaintiff filed a lawsuit against Nonparty B on the part of the agreed claimant’s claim (Seoul District Court Branch Branch Branch 2012Ga10319), and on September 14, 2012, a protocol of protocol was prepared to the effect that “1. Defendant (hereinafter referred to as Defendant B) shall pay KRW 50,000 to the Plaintiff (hereinafter referred to as the Plaintiff in this case). The costs of lawsuit are borne by each party.”

hereinafter referred to as "the protocol of conciliation in this case".

B) B. The Plaintiff, with executive title, received the order of seizure and collection of the claim under the wage claim to be paid by the Defendant to Nonparty B on March 18, 2013 as Busan District Court Branch Branch 2013TTB31, and the above order was served on the Defendant around that time. The above order was served on the Defendant at that time. - The following amount until the amount reaches the claim amount by one half of the amount calculated by deducting tax and public charges from the benefits and various allowances to be paid to the obligor B by the third debtor, the rehabilitation company, the company, and the third debtor, and one half of the amount calculated by deducting the tax and public charges from the amount of the above claim (Provided, That in light of the minimum cost of living under the National Basic Living Security Act, if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the cost of living of the standard household, the remaining amount excluding them), in the case of retirement or interim settlement prior to the above amount reaches the above amount, within the limit of two minutes after deducting the tax and public charges from retirement pay or interim settlement amount.

2. The plaintiff asserts that the defendant, as the garnishee of the above order of seizure and collection, is obligated to pay 50,023,140 won and damages for delay to the plaintiff as the collection amount. The defendant, as the defendant of the above order of seizure and collection, the monthly salary of the non-party B is 1.7 million won and 4 times insurance, income tax, resident tax, and resident tax.

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