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(영문) 대구지방법원 2020.02.12 2019나3521
추심금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. Based on the claim based on the executory exemplification of the judgment rendered in the Daegu District Court Decision 2017Kadan8832 against the deceased C (hereinafter “the deceased”), the Plaintiff received the debtor D’s claim 11,40,000,000 won among the deceased’s wage claim 19,000,000 won (=19,000,000 x 60%) against the debtor’s claim 7,60,000,000 won (=19,000,000,0000 x 40%) against the debtor E’s claim x 19,00,000 won x 40%) against the debtor’s claim x 40% (hereinafter “instant collection order”).

B. As to the part of “the indication of the claim to be seized and collected” in the collection order of this case, with respect to the monthly salary (the principal salary and allowance) received each month by the debtor from the garnishee and the benefits of all other nominal names, the remainder after deducting the tax and public charges, which exceeds the amount of KRW 1,50,000 under Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act, until that amount, according to the following methods:

1.The amount exceeding 1,500,000 won for gold 3,000,000 won;

3. for over 3,00,000 Won and up to 6,000,000 Won 1/2 of the salaries;

4.If the amount exceeds 6,000,000 won, it is stated that [amount exceeding 3,000,000 won x 1/2 - 3,000,000 won] x 1/2].

C. The instant collection order was served on June 30, 2018 on the Defendant.

On the other hand, the defendant paid KRW 10,706,965 to the plaintiff on July 9, 2018.

Facts that there is no dispute over the basis of recognition, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 10,706,965, which the defendant paid to the plaintiff, out of KRW 19,00,00 according to the collection order of this case, after deducting KRW 10,706,965, which the defendant paid to the plaintiff (=19,000,000 - KRW 10,706,965).

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