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(영문) 수원지방법원 2018.06.05 2017가단519839
추심금
Text

1. The Defendant’s KRW 3,773,629 as well as 5% per annum from March 15, 2018 to June 5, 2018, and the next day.

Reasons

1. According to the purport of Gap evidence Nos. 1 and 4 and the whole arguments, the following facts are acknowledged:

The Plaintiff is a creditor against Nonparty B.

(U) The Plaintiff, as a creditor against B, received a seizure and collection order against the Defendant as follows:

(C) The term "amount prescribed by the Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act" in the proviso to Article 246 (1) 4 of the Enforcement Decree of the Civil Execution Act (Presidential Decree No. 23004, July 6, 2011), means the amount determined by the Presidential Decree of the Civil Execution Act (Presidential Decree No. 23004, July 6, 201), in consideration of the minimum cost of living under the National Basic Living Security Act, means the amount determined by the Presidential Decree in consideration of the minimum cost of living under Article 246 (1) 4 of the Enforcement Decree of the Civil Execution Act.

In the event of retirement between the amount of the claim and the amount of the retirement allowance and the amount of the above claim, the above claim attachment and collection order were served on April 3, 2017 to the defendant on the one-half of the balance remaining after deducting taxes and public charges from retirement allowance.

2. In full view of the respective descriptions and arguments in the evidence Nos. 1 and 2 as well as the purport of the entire pleadings, B is recognized as having been actually paid KRW 1,457,830 as the monthly salary, KRW 1,60 as the monthly salary from April of the same year to June of the same year, and KRW 1,505,260 as the monthly salary from July of the same year, and KRW 1,505,260 as the monthly salary from February of the same year, respectively, and the amount obtained by deducting income tax and resident tax from income tax and resident tax from the retirement allowance is 6,831,538.

3. Therefore, the Defendant’s KRW 3,773,629 (=(105,260 won) 105,260 won) to the Plaintiff.

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