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(영문) 대구지방법원포항지원 2015.10.13 2015가단302381
추심금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 30, 2004, the bankruptcy trustee of the World Credit Cooperative of the bankrupt filed a lawsuit against B on the loans claim against the Ulsan District Court 2004Gau119090, and sentenced on November 30, 2004 to the above court that "the defendant shall pay the plaintiff 15,724,657 won with 5% per annum from July 23, 2004 to August 22, 2004, and 21% per annum from the next day to the date of full payment." The above judgment was finalized on December 16, 2004.

B. On January 10, 2004, the bankruptcy trustee of the World Credit Cooperative on the bankrupt transferred a claim under the above final judgment to the Plaintiff (hereinafter “instant claim for acquisition money”) and notified B of the above transfer.

C. On February 13, 2014, the Plaintiff was granted the succeeding execution clause according to the final and conclusive judgment, and on December 9, 2014, the Daejeon District Court issued a seizure and collection order with respect to B’s wage and retirement allowance claim against the Defendants under the Daejeon District Court Decision 2014TTT17695, and the original copy of the seizure and collection order was served on the Defendants on December 10, 2014.

The claims seized by the seizure and collection order as mentioned above shall be as follows:

= Doro =

1. Amount of the first half of the amount obtained by deducting taxes and public charges from the wage claim to be paid monthly by the debtor and other wage claim having the similar nature from the third debtor, until such amount is paid (if the amount obtained by deducting taxes and public charges from the above wage claim is less than 3 million won a month, the amount exceeding 1.5 million won a month);

2. The purport of the whole pleadings and statements in the amount of one-half of the amount calculated by deducting taxes and public charges from retirement allowances, honorary retirement allowances and other wage claims of similar nature which the debtor holds against the garnishee, up to the above-mentioned amount [based grounds] Gap's 2, 3, and 4 (including each number), and the purport of the whole pleadings;

2. In the determination of the claim for collection against Defendant A, the burden of proof of the existence of the seized claim lies on the Plaintiff.

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