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(영문) 부산지방법원 2017.03.31 2016나45493
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) based on the executory exemplification of the judgment in each claim amounting to A, Busan District Court Decision 2007Gaso64051, 2007Gaso35869, and 2007Gaso730488, the Plaintiff filed an application for a seizure and collection order of the claim amounting to KRW 75,427,040 with respect to A’s third obligor’s claim amounting to KRW 75,427,040 (hereinafter “instant seized claim”); and (b) on October 16, 2014, the said court accepted the above application and issued a seizure and collection order (hereinafter “instant Claim No. 1 seizure and collection order”) with respect to the instant seized claim on October 16, 2014. The instant claim seizure and collection order of the instant case became final and conclusive around October 23, 2014.

A’s monthly salary (main pay and various allowances and bonuses) paid by a debtor to a third party by the debtor after deducting taxes and public charges from the taxes and the public charges for the monthly salary paid by the third party obligor A, shall be the remainder after subtracting the monthly salary from ① 1.5 million won and exceeding three million won, ② the amount exceeding 1.5 million won and exceeding 3 million won and exceeding 6 million won, ③ the amount exceeding 6 million won, ③ the monthly salary - the monthly salary - [3 million won (monthly salary x 1/2-3 million won)] x 1/2] if the retirement allowance or interim settlement of the retirement allowance or interim payment of the retirement allowance or the retirement subsidy paid by the third party debtor as the payment of the retirement subsidy (or retirement allowances, retirement allowances, honorary retirement allowances, etc.) to a debtor within the limit of 1/2 of the balance, which remains after deducting taxes and the public charges for the retirement subsidy paid by the third party as the payment of the above claim.

Since then, the plaintiff is above A.

In accordance with each judgment stated in paragraph (1), the Busan District Court rendered a claim amounting to KRW 55,439,545 with regard to the claim subject to seizure in this case under the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2015,9891, and again requested a seizure and collection order with regard to the claim subject to seizure in this case. The above court accepted the above application and applied for a seizure and collection order.

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