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(영문) 서울중앙지방법원 2016.10.26 2015가단99395
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 6,328,531 as well as 20% per annum from August 21, 2015 to the day of full payment.

Reasons

1. The amount remaining after deducting the tax due and public charges from among the monthly salary (main pay and allowances) and bonuses paid by the debtor by the debtor to a third party exceeds 1.2 million won and less than 2.4 million won, 1.2 million won, less the remainder after deducting the tax due and public charges, 2.4 million won, 2.2 million won, more than 2.4 million won but less than 6 million won, 3 million won, more than 6.6 million won, 3 million won (3.6 million won, 1/20000) x 1/2 of the remainder after deducting the tax due and public charges and public charges in the retirement allowance or interim settlement of retirement allowances, or honorary retirement allowances, if the remainder after deducting the amount claimed exceeds 1.2 million won, until it reaches the above claim amount;

A. The Plaintiff, based on the executory exemplification of the judgment rendered by Seoul District Court 2001Kadan27577, as to B, filed an application for the seizure and collection order of the claim amounting to KRW 8,673,105,764 with respect to the claim against the garnishee B’s third debtor as to the claim against the obligor B’s third debtor (hereinafter “instant seized claim”). The said court accepted the above application and issued the seizure and collection order of the instant seized claim (hereinafter “the instant claim seizure and collection order”), and on April 6, 201, issued the seizure and collection order of the instant seized claim (hereinafter “the instant claim seizure and collection order”). The instant claim seizure and collection order reached the Defendant on April 11, 2011.

B. B served as an employee of the Defendant from July 1, 2010 to July 31, 2012.

[Grounds for recognition] The items of evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserts that, after the collection order of this case was delivered to the defendant, the part that affects the effect of the seizure and collection order of this case among the benefits to be paid by the defendant to B is the total of 10,544,787 won, and the retirement benefits of B, which affect the effect of the seizure and collection order of this case, are the total of 2,535,057 won.

For this, the defendant shall pay the monthly salary of B 1.5 million won.

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