(영문) 대구지방법원포항지원 2015.11.10 2015가단5970

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(영문) 대구지방법원포항지원 2015.11.10 2015가단5970

추심금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In fact, B was elected as A head of a Gun (No. 43) by the special election held on October 26, 201 and performed the duties of A head of a Gun by June 30, 2014, and was elected as A head of a Gun (No. 44) by June 4, 2014, which was held on June 4, 201.

B. The Plaintiff, based on the executory exemplification of the judgment rendered by the Daegu District Court Branching 98Gadan4420 in relation to B, and the executory order issued by the Daegu District Court Branching 98Da4883 in relation to the loan claim claim, based on the executory order issued by the Daegu District Court Branching 2014TY 2945 in relation to the debtor B, the third debtor, the defendant, and the claim amounting to 49,342,914 in relation to B, among the wage claim to be paid monthly to the defendant, applied for a seizure and collection order against B as to the amount stipulated by Act among the wage claim to be paid monthly to the defendant. On July 2, 2014, the Plaintiff received the seizure and collection order (hereinafter “the instant collection order”).

The instant collection order was served on July 7, 2014 on the Defendant.

C. Meanwhile, with B as the obligor and the Defendant as the third obligor, the Daegu District Court 201TTT No. 5840, the claim amounting to KRW 1,657,587,59, and KRW 200,000,000 (hereinafter “instant assignment order”) was issued on November 18, 201, upon receipt of a claim attachment and assignment order against B as to the amount determined by the law out of the wage claims to be paid monthly to the Defendant.

The instant assignment order was served on November 23, 201 on the Defendant and became final and conclusive around that time.

The amount of benefits claim against B from November 201, 201 to October 2015, which is the closing date of pleadings of the instant case, set by the Act, shall not exceed the claim amount of the assignment order of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the amount determined by law among the wage claims against the Defendant in B is interest.

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