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The defendant shall pay to the plaintiff KRW 782,390 as well as 5% per annum from July 5, 2019 to June 24, 2020 and from the next day.
Reasons
1. Facts of recognition;
A. On June 12, 2009, the Seoul Central District Court 2008Gahap119304, which filed against B, etc. on November 28, 2008, sentenced that “B shall jointly and severally with other debtors pay to the Plaintiff KRW 1,655,286,485 and delay damages therefor,” and the above judgment became final and conclusive around that time.
B. On April 26, 2017, the Plaintiff, based on the original copy of the judgment with the above executory power, received the instant order of seizure and collection (hereinafter “instant order of collection”) from the court regarding the wage claim against the Defendant in B. The instant order of collection was served on the Defendant, who is the garnishee, on May 1, 2017.
C. B was employed by the Defendant from October 1, 2008, before the issuance of the instant collection order.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including a provisional number; hereinafter the same shall apply), significant facts in this court, the purport of the whole pleadings
2. Determination as to the cause of action
(a) Article 246(1) of the Civil Execution Act of the relevant regulations provides that "a claim falling under any of the following subparagraphs shall not be subject to seizure: 4. Wages, pension, salary, bonus, bonus, retirement pension or other wage claims of similar nature: Provided, That where the amount falls short of the amount prescribed by Presidential Decree in consideration of the minimum cost of living pursuant to the National Basic Living Security Act, or exceeds the amount prescribed by Presidential Decree in consideration of the cost of living of standard households, the amount prescribed by Presidential Decree concerned shall apply respectively."
Article 3 of the former Enforcement Decree of the Civil Execution Act (amended by Presidential Decree No. 29603, Mar. 5, 2019) provides that “The amount prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act” under the proviso to Article 246(1)4 of the Civil Execution Act means KRW 1.5 million per month.” Article 3 of the Enforcement Decree of the current Civil Execution Act, which was enforced from April 1, 2019, is monthly.