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1. The defendant's 567,500 won and its 5% per annum from May 14, 2020 to November 12, 2020 to the plaintiff, and the following.
Reasons
1. Basic facts
A. The Plaintiff filed an application for a seizure and collection order with respect to 1/2 of the balance obtained by deducting taxes and public charges from D’s wage claim (e.g., wage, bonus, and other wage claim with similar nature) against D’s Defendant based on D’s claim amount of Suwon District Court support 2020 Tayang-si 21257,00, based on D’s No. 385, 2018, in consideration of the minimum cost of living under the National Basic Living Security Act (However, in cases falling 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, the remaining amount excluding it), and 1/2 of the balance obtained by deducting public charges and public charges from the retirement allowance claim, among the retirement allowance claims, and one-half of the balance obtained by deducting public charges and public charges from the retirement allowance claims.
B. On February 20, 2020, the above court rendered a ruling of the seizure and collection order of the claim (hereinafter “instant order of seizure and collection”) and served the Defendant, who is the garnishee, on February 25, 2020, with the instant order of seizure and collection.
C. On March 2, 2020, the Defendant paid KRW 2,417,500 to D business allowances.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The gist of the parties’ assertion is to seek payment of KRW 48,831,00 to the Defendant according to the collection order and the seizure and collection order of the instant claim.
On the other hand, the defendant asserts that D is not a worker who entered into an employment contract with the defendant and received a payment from the defendant, but a customer is paid a business allowance according to the record of custody when attracting the customer. Thus, D's wage claim and retirement allowance claim against the defendant do not exist.
3. Determination
A. Article 225 of the Civil Execution Act provides that a creditor shall clarify the kind and amount of the claim to be attached to the application for seizure order.