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(영문) 대전지방법원홍성지원 2015.09.22 2015가단5507
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. Based on the executory exemplification of the judgment rendered in the Daejeon District Court Decision 201Ga45795 against B, the Plaintiff received the claim amount as KRW 27,836,059 from the Defendant and the third obligor as to the wage claim against the Defendant in B, on February 10, 2012, the Plaintiff received the claim seizure and collection order (hereinafter “instant collection order”). The said court served the original copy of the instant collection order as the Defendant’s principal office, and received it on February 13, 2012.

B. Meanwhile, the indication of “a claim to be seized and collected” stated in the collection order of this case is as follows.

When a debtor makes a monthly settlement of retirement, voluntary retirement, or interim payment of retirement allowances between the amount of monthly pay (main pay and allowances) and the amount of the end allowances (in consideration of the minimum cost of living under the National Basic Living Security Act, the remaining amount excluding the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the remaining amount, the living cost of standard households) and the amount of the above claim, up to 1/2 of the amount of the above claim after deducting the tax and public charges from the amount of the tax and public charges from the amount of the retirement allowance, honorary retirement allowance (or honorary retirement allowance, etc.) and the amount of the above claim, within the limit of 1/2 of the amount of the above claim.

C. B had been in charge of C duties as an employee of the Defendant from October 10, 2009 to February 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the defendant, who is the third debtor, is obligated to pay the collection amount of KRW 27,836,059 and delay damages to the plaintiff according to the collection order of this case. 2)

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