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(영문) 서울중앙지방법원 2017.11.15 2016가단77156
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 39,23,814 and the interest rate of KRW 15% per annum from October 25, 2017 to the date of full payment.

Reasons

Basic Facts

On October 22, 2012, the Plaintiff filed a lawsuit against B, including Suwon District Court 2012Dhap574 divorce, and the Plaintiff and B paid KRW 40,000,000 to the Plaintiff until September 30, 2013, and if B does not pay the said money by the payment date, B pays to the Plaintiff 40,000,000 won and 20% interest per annum from October 1, 2013 to the date of full payment.

Based on the above executory copy of the protocol of mediation, the Plaintiff filed an application for the attachment and collection order of the claim amount of KRW 56,591,780 (the sum of KRW 40,000,000, and damages for delay calculated at the rate of KRW 16,591,780 per annum from October 1, 2013 to October 27, 2015), and the debtor B and the third debtor filed an application for the attachment and collection order of the Suwon District Court 2015TTB1 to the defendant.

The Suwon District Court issued a collection order on November 2, 2015, with respect to benefits exceeding KRW 1,500,000 after deducting taxes and public charges from monthly salary, bonuses, and other nominal benefits that B receives from the Defendant each month, until the amount exceeds KRW 3,000,000, (1), (2) more than KRW 3,000,000, and (3), more than KRW 6,000,000, and more than KRW 1/2,3,000,000,000, respectively, [3,00,000,000 KRW x1/2, and 3,00,000 (the amount x1/2,3,000,000)] excluding the above amount of monthly salary, bonuses, and other nominal benefits that B receives from the Defendant (hereinafter referred to as “instant collection order”). The collection order was finalized until the amount of the above claim is seized and collected (hereinafter referred to as “the Defendant”).

B's earned income in 2015 is 63,743,930 won for total salary, excluding taxes and public charges, 4,487,894 won for monthly salary income in 2015, and 3,158,720 won for monthly salary income in 2016, 42,000 won for total salary, excluding taxes and public charges.

[Reasons for Recognition] There is no dispute, each entry of Gap evidence 1 to 3 (including the serial number) and the collection amount of the entire pleadings.

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