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(영문) 대전지방법원 2020.09.10 2018가단213818
추심금
Text

The Defendant’s KRW 24,815,210 for the Plaintiff and KRW 5% per annum from April 6, 2018 to September 10, 2020.

Reasons

1. The amount of the remainder of the amount claimed by the debtor C, other than the prohibited amount of seizure under each of the following cases, from salary (the amount after deducting taxes and public charges from principal salary, various allowances, bonuses, etc.) that the debtor C receives every month for a third debtor (the defendant) until the above claim amount: Provided, That the amount shall be excluded where 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 by standard households; the amount equivalent to the amount prescribed by the Enforcement Decree

1. The full amount, if the monthly benefit is not more than 1.5 million won;

2. 1.5 million won, where the monthly benefit exceeds 1.5 million won and does not exceed 3 million won; and

3. Where the monthly benefit exceeds 3 million won and does not exceed 6 million won, 1/2 of the monthly benefit;

4. Where the monthly benefit exceeds 6 million won: [3 million won (1/2 of the monthly benefit - 3 million won) / [2] / [Provided, That where retirement, voluntary retirement or interim settlement of retirement benefits is made during the period which does not reach the above claim amount, the amount up to the above claim amount within the limit of one half of the balance obtained by deducting taxes and public charges from the amount of such retirement allowance, honorary retirement allowance (or voluntary retirement allowance, etc. or interim settlement of accounts, whichever is less).

A. The Plaintiff, with the debtor C and the third obligor as the defendant, was issued a provisional attachment order of the claim amounting to KRW 109,631,970, and the claim amounting to KRW 109,631,970 as follows (hereinafter “the provisional attachment order of this case”) on October 20, 2016.

Based on the original copy of the judgment on the purchase price of goods 2016da114233, the Plaintiff’s claim amounting to March 16, 2018, based on C’s support 134,967,467, and the claim amounting to the provisional attachment No. 2018, which provides the following support, is transferred to the provisional attachment No. 31942, based on the original copy of the judgment on the price of goods . (hereinafter “instant seizure collection order”).

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