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(영문) 대구지방법원포항지원 2016.02.02 2015가단6171
추심금
Text

1. As to the Plaintiff KRW 4,667,00 and KRW 359,00 among them, the Defendant shall pay to the Plaintiff KRW 359,00 from November 1, 2014, and KRW 359,00.

Reasons

1. Basic facts

A. On September 18, 2014, based on the executory exemplification of the judgment of the Daegu District Court Decision 2005Da124482 against A, who works as the Defendant’s employee, the Plaintiff: (a) based on the executory exemplification of the instant claim for the acquisition money; (b) the obligor’s “A” and the third obligor’s claim amount under the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (“A”; and (c) the claims for seizure and collection do not fall under the scope of prohibition of seizure under Article 246(1)4 of the Civil Execution Act among the claim for wages, the final payment allowances and retirement allowances against the Defendant; and (d) the collection order under the instant case’s collection order.

B) The instant collection order was served on the Defendant on September 22, 2014, and became final and conclusive on September 30, 2014. [The fact that there is no dispute over the grounds of recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings]

2. The parties' assertion

A. The plaintiff asserts that, since Gap's benefit is KRW 1,859,000, the defendant is obligated to pay to the plaintiff the amount of KRW 4,667,00 (13 months) as part of the collection amount stated in the collection order of this case and the damages for delay.

B. The defendant asserts that A's salary paid by the defendant as a non-regular worker falls short of 1,500,000 won and its total amount falls short of 1,50,000 won, and thus, it cannot respond to the plaintiff's claim.

3. Determination

A. First, according to the results of fact-finding on the amount of A’s benefits, the health team and the chief of the National Health Insurance Corporation’s branch office at the National Health Insurance Corporation (hereinafter “National Health Insurance Corporation”)’s claims, A’s benefits can be acknowledged as constituting 1,859,000 monthly after August 1, 2013, and there is no

Since January 1, 2014, the Defendant refused to comply with the order of this court to submit a detailed statement of salary to A in order to verify the amount of the benefits actually paid to A.

Therefore, unlike the plaintiff's assertion, A's.

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