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(영문) 인천지방법원부천지원 2015.02.03 2013가단42474
추심금
Text

1. The Defendant: (a) KRW 38,250,000 for the Plaintiff and KRW 5% per annum from October 1, 2014 to February 3, 2015.

Reasons

1. Basic facts

A. C filed a lawsuit against D on July 26, 2002 against the Daegu District Court Branch Branch Branch of 2002 tea 4846, and the above court ordered D to pay D 30,000,000 won with the interest of 5% per annum from May 3, 2002 to September 9, 2002, and 25% per annum from the next day to the date of complete payment. D s did not object to the above payment order, and the above payment order became final and conclusive on September 24, 2002.

B. On February 25, 2013, the Plaintiff, who succeeded to the right upon the above payment order from C, received an execution clause for succession to the above payment order, and received a seizure and collection order as to the following claims against D’s Defendant by Sungwon District Court Branch 2013TT2448, and the said order was served on the Defendant, the garnishee, on February 27, 2013.

[Indication of Claim for Attachment and Collection] When D receives the monthly amount of claim from the defendant from June and December of each year, one half of the balance obtained by subtracting the tax and public dues from the amount of claim, and one half of the amount of claim until it reaches such amount of claim, and one half of the balance obtained by deducting the tax and public dues from the amount of claim from the amount of claim, if it retires between the amount of claim and the amount of claim, one half of the balance obtained by deducting the tax and public dues from the retirement pay.

D was employed by the Defendant on November 10, 2005 and retired from office on September 30, 2014. From February 2, 2013 to September 30, 2014, D paid KRW 3,000,000 as monthly pay (payment on the last day of each month) to D as bonus in addition to the above monthly pay.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional numbers), Eul evidence Nos. 6-1 through 8, Eul evidence Nos. 7-1 through 7, Eul's testimony and video, witness Eul's testimony, the court's order to submit financial information to NHF banks, the fact-finding results to the head of Yeonsu-gu Incheon Metropolitan City of this Court, and arguments.

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