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(영문) 대전지방법원천안지원 2020.09.11 2019가합725
청구이의
Text

On July 23, 2018, the defendant's order of payment was based on the order of payment on July 23, 2018.

Reasons

1. Basic facts

A. On February 7, 2017, the Defendant lent KRW 300 million to C, 2% of the interest per month and the due date on May 31, 2017.

As of the same day, the Defendant and C entrusted the law firm D with the preparation of a notarial deed of money loan loan contract (hereinafter referred to as the “notarial deed of this case”) as to the above loan under No. 252 of 2017.

30,000,000 won 30,000 won 1/2 of the amount of monthly benefit (the amount obtained by deducting taxes and public charges from wage, pension, salary, bonus, retirement pension and other wage claims of similar nature) to be paid monthly from the plaintiff, until such amount is paid (Provided, That when 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 in consideration of the minimum cost of living under the Enforcement Decree of the Civil Execution Act, the remaining amount excluding the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the cost of living for the standard household) and the amount of living expenses of the standard household which are not paid to the plaintiff, when he retires between the amount of retirement allowance (the amount obtained by deducting taxes and public charges from among retirement allowance

B. On July 17, 2018, the Defendant received a collection order for the following benefits and retirement allowance claims against C based on the instant notarial deed, with the amount claimed as KRW 300 million by this Court No. 2018,000,000, and issued a seizure and collection order for the said benefits and retirement allowance claims (hereinafter “instant collection order”). This was served on the Plaintiff on July 18, 2018.

C. On July 23, 2018, the Defendant received the payment order (hereinafter in this case’s payment order) from the Defendant to pay KRW 300 million and delay damages for collection based on the collection order of this case, and the instant payment order was finalized on August 8, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 6, and the purport of the whole pleadings.

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