(영문) 대구지방법원의성지원 2015.07.22 2014가단2619

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(영문) 대구지방법원의성지원 2015.07.22 2014가단2619

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Based on the payment order finalized in 2005j145 against B, the Plaintiff filed an application with the court for the attachment and collection order of the amount of KRW 35,221,316, out of the monthly salary (main salary and various allowances and bonuses) that B received from the Defendant and the amount corresponding to 1/2 of the balance, which remains after deducting taxes and public charges, from the allowances paid at the time of voluntary retirement (hereinafter “the instant claim”). On April 19, 2005, the Plaintiff received the order for attachment and collection of the instant claim (hereinafter “the instant order for attachment and collection”) from the Defendant. At that time, the instant order for the attachment and collection was served on the Defendant.

B. After and after the seizure and collection order of the instant claim, the execution creditor who seized the instant claim was 43 persons including the Plaintiff, and the Defendant paid money equivalent to 1/2 of the balance obtained by deducting the taxes and the public charges from the wages to be paid to the above execution creditor including the Plaintiff from the date of receiving the issuance of the seizure and collection order of the instant claim to the date of dismissal B from the Cheongong-gun.

[Ground of recognition] The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 7 (including numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is liable to pay the plaintiff the collection amount of KRW 35,221,316 according to the seizure and collection order of this case, while the defendant asserts that the defendant is not liable to pay the plaintiff the collection amount of KRW 35,221,316 and the delay damages for the aforementioned amount of the pay that the plaintiff must pay while serving in Cheongong-gun, including the plaintiff, was fully repaid to the execution creditor including the plaintiff, and that the B was dismissed from Cheongong-gun and it did not have been voluntarily retired

B. The judgment is based on the above basic facts, and the defendant is collected from the plaintiff unless there are special circumstances.

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