1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The grounds for the court’s explanation on this part of the facts and the allegations by the parties are as stated in the “basic facts” under Article 1(1) and Article 2(1) of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. Article 246(1)8 of the Civil Execution Act of the relevant regulations and legal principles guarantees a monthly living cost to maintain a minimum living of the debtor and his/her family in harmony with the creditor’s interests and the debtor’s interests and human beings.

As one of the claims to prohibit seizure to lead a life, the term "a deposit necessary for the maintenance of livelihood (including installment savings, installment savings, deposits, and postal transfer, but the amount shall be prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act, the amount prescribed in subparagraph 3 of Article 195, etc.)" shall be prescribed as one of the claims to prohibit seizure. Article 7 of the Enforcement Decree of the same Act provides that "The amount of deposits, etc. not seized pursuant to Article 246 (1) 8 of the Civil Execution Act shall be 1.5 million won per person's balance, etc.: Provided, That if there is money which has not been seized pursuant to subparagraph 3 of Article 195 of the Act, it shall be the amount calculated by subtracting the

In addition to the language and text of the same provision, in consideration of Articles 195 subparag. 3 and 246(1)4 of the Civil Execution Act, etc., the issue of whether the claims subject to prohibition of seizure as prescribed by this provision fall under the scope of claims subject to seizure should be determined depending on whether the balance of individual deposits of an obligor including not only deposit claims subject to seizure but also other deposit claims owned by the relevant obligor falls short of 1.5 million won per month.

Meanwhile, Article 227 (3) of the Civil Execution Act provides that a seizure order against a monetary claim shall take effect when it is served on the garnishee, but it shall be served after the service of the seizure order.