1. The Defendant’s KRW 39,260 as well as 5% per annum from September 10, 2019 to July 21, 2020 to the Plaintiff.

1. Basic facts

A. On April 10, 2019, based on an executory exemplification of the judgment rendered by Seoul Southern District Court 2018Gadan215255, the Plaintiff received the attachment and collection order of the remainder, excluding the amount prohibited from seizure, from the benefits received every month from the Defendant (the amount obtained by deducting taxes and public charges from principal salary, various allowances, bonuses, etc.; hereinafter the same shall apply) by Seoul Central District Court 2019, on April 10, 2019 (hereinafter “instant collection order”). The instant collection order was served on the Defendant, the garnishee, on April 26, 2019.

April 2019 (the date of payment of benefits: April 30, 2019): KRW 1,623,930,930 in June 1, 2019, 2019, KRW 1,894,894,860 in August 1, 2019, KRW 894,860 in September 1, 2019, KRW 894, KRW 860 in 200 in November 1, 2019, KRW 964, KRW 960 in December 964, 960 in December 964, 2019, KRW 960 in December 964, 2060, KRW 960 in 960 in December 964, 2019.

B. From April 26, 2019 to the closing of the argument in this case, the balance of the benefits the Defendant should pay to C after deducting the tax and public charges is as follows.

[Ground for Recognition: Evidence Nos. 1, 2, and 2; Evidence Nos. 2; Results of response to a reply to an order of submission of taxation information to the head of the Goldcheon Tax Office of this Court; the purport of the whole pleadings]

2. Determination

A. According to Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the Civil Execution Act, an amount equivalent to 1/2 of the wage claim is prohibited from seizure. However, where the amount falls short of 1.85 million won, it constitutes a claim prohibiting seizure up to 1.85 million won.

The minimum amount to be prohibited from seizure of wage claims was changed to KRW 1850,000 on March 5, 2019, which is applied from the seizure application case received after April 1, 2019 (Annexed to the Enforcement Decree of the Civil Execution Act), and since the above seizure and collection order was received on April 8, 2019, the above revised provisions apply.

Therefore, C's wage claims in October 2019 amount to KRW 1850,00 per month, and wage claims in May 5, 19, 11, 12 and January 2020 are all prohibited claims.