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(영문) 인천지방법원 2017.10.19 2017나55636
추심금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 9,165,343 as well as its full payment from August 25, 2016.

Reasons

Facts of recognition

Based on the executory payment order of the Daejeon District Court 2013j. 149, the Plaintiff filed against A based on the executory payment order of the Daejeon District Court 2013j. 149, the Plaintiff filed an application for a seizure and collection order of the following claims owned by A against the Defendant (hereinafter “instant collection order”) with the Daejeon District Court 2013T. 1859, and received the same order from the above court on March 19, 2013 (hereinafter “instant collection order”). The said order was served on the Defendant on March 21, 2013.

The third obligor indicating the claim amount to be seized and collected by the Defendant: 9,165,343 won (the amount obtained by deducting taxes and public charges from the main salary, various allowances, bonuses, etc.) to be paid to the Defendant from the third obligor each month until such amount reaches the above claim amount (Provided, That if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living under the National Basic Living Security Act, the remaining amount excluding such amount, and if the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the living cost of the standard household in consideration of the minimum cost of living under the National Basic Living Security Act), and if the amount of the above claim does not reach the above claim amount, up to the above claim amount by 1/2 of the balance obtained by deducting the taxes and public charges from the retirement allowance. The Plaintiff filed an application with the Defendant for the submission of the documents concerning the bank account transaction details, A’s employment contract, wages and retirement allowance payment. The

On December 30, 2016, the Defendant refused to submit a document issued by the court of the first instance on the details of bank transactions in the corporate passbook on December 30, 2016. The Defendant did not comply with the A’s employment contract, payment of wages and retirement allowances, and did not comply with the A’s order to submit the document more than twice.

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