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(영문) 의정부지방법원 2016.12.21 2016가단113689
추심금
Text

1. The Defendant’s KRW 19,653,00 for the Plaintiff and the following: 5% per annum from January 19, 2016 to December 21, 2016;

Reasons

1. In fact, the Plaintiff has a claim for the following amount of reimbursement against B.

The Plaintiff applied for a payment order as the District Court 2008 tea5356 with respect to the above claim, and the above payment order became final and conclusive.

(2) The Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from December 16, 2008 to January 22, 2009 with respect to KRW 69,96,242 among the above money and KRW 70,196,785, and the amount at the rate of 15% per annum from January 16, 2008 to January 22, 2009, and the amount at the rate of 20% per annum from the next day to the date of full payment. The Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) with respect to the amount until the amount reaches KRW 60,00,000, which is the claim amount against the Defendant under B’s wage claim (excluding the following indicated amount) as the title of execution. The original of the said decision was served on the Defendant, who was the debtor on September 3, 2013.

Part excluded from the object of the seizure and collection order, and the wage details to B during the period from 2011 to 2015, and the amount in excess of KRW 18,00,000 per annum (i.e., month 1,50,000) shall be as follows, respectively:

Amounting to KRW 18,00,00 in excess of KRW 14,00,00 in 201 in excess of KRW 14,00 in 200 in 2012, KRW 6,000 in 24,00,000 in 2013, KRW 11,860,50 in 2014, KRW 19,792,50 in 2015, KRW 19,792,500 in excess of KRW 19,653,00 in excess of KRW 19,490 in each month during the period from January to July 2016.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, 4 and Eul 5 evidence, and the order of submission of taxation information to the Director of the Office of Government Tax of this Court to the Director of the Office of Government Tax and the purport of whole pleadings

2. According to the above findings of the determination, the part of the claims seized by the seizure and collection order of the instant case exceeds KRW 1,50,000 per month, and it is apparent that this part is 19,653,000 per month.

Therefore, the defendant stated to the plaintiff KRW 19,653,00 as well as the purport of the claim for performance.

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