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(영문) 서울중앙지방법원 2014.12.16 2013가단105289
추심금
Text

1. The Defendant’s interest rate of KRW 87,265,103 and KRW 26,784,420 among the Plaintiff shall be from May 1, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff received a favorable judgment of the Daegu District Court (A and B jointly with the plaintiff 27,092,620 won and 26,784,420 won with an annual interest rate of 27% from April 6, 1998 to the date of full payment) with respect to the claim for reimbursement against the non-party A 27,092,620 won, which became final and conclusive on August 4, 1998.

B. The Plaintiff received a seizure and collection order as to the claim amount of KRW 87,265,103 (27,092,620, interest calculated by 27% per annum from April 6, 1998 to July 31, 2006) and the debtor A and the third debtor as the defendant at Suwon District Court Ansan-si 2006Tu4379, the debtor as the defendant, and issued a seizure and collection order as to the claim amount of KRW 1/2 of the balance, excluding taxes and public charges, among the retirement allowances, retirement allowances, and honorary retirement allowances claims against the defendant of the Defendant of Suwon District Court.

C. On August 4, 2006, the above seizure and collection order became final and conclusive after being served on the Defendant.

A from July 1, 2004, the transfer of the above seizure and collection order, A works as an accountant (C) belonging to the defendant from July 1, 2004.

On April 12, 2012, A retired from the Defendant’s account. At the time of retirement, A, from January 2012, at the time of retirement, received KRW 143,789,262 after deducting income tax of KRW 3,568,789,262 from income tax of KRW 147,714,172, the sum of KRW 3,60,000, KRW 40,000, and retirement pay of KRW 104,114,172, and retirement pay of KRW 147,714,172, and KRW 356,810, and KRW 150,00,00 from the Defendant’s corporate account.

(e) A salary reported to the Residential Tax Office is KRW 13,050,000 for year 2006, KRW 14,400,000 for each year from 2007 to 2009, KRW 10,500 for year 2010, KRW 43,000 for year 2012, and KRW 43,00,000 for each salary (nive retirement, salary and bonus);

(2) Each report shall not be made in 2004, 2005, and 2011). 【No ground for recognition, the fact that there is no dispute, the entry of Gap 1 and 2, the fact inquiry results with respect to the head of the tax office stationed in this court, the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, A’s wage, bonus, and retirement allowance claims against the Defendant after August 4, 2006, which were served on and after the collection order was served on the Defendant.

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