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(영문) 수원지방법원평택지원 2019.08.22 2019가단1102
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the evidence evidence No. 1 to 3 of the judgment as to the cause of the claim, the Plaintiff received a seizure (hereinafter “instant seizure order”) and a collection order (hereinafter “instant collection order”) as to the amount until it reaches the above amount by one half of the remaining amount subtracting public charges from the amount of the benefits claim D received each month from the Defendant under the court Order No. 2016TT 2518, Nov. 21, 2016, and the fact that the Plaintiff received a seizure (hereinafter “instant seizure order”) and the collection order (hereinafter “instant collection order”) as to the amount until it reaches the above amount, and the fact that the seizure and collection order of this case were served on the Defendant on Nov. 23, 2016.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the collection amount of KRW 76,574,086 and delay damages.

2. The defendant's defense asserts that some of D's benefit claims are repaid to all creditors, and the remaining benefit claims which were seized are entirely extinguished by the execution deposit.

In full view of the purport of the arguments in the statement in Eul evidence Nos. 1 through 6, the defendant paid the 19th day of each month to D who is an employee. The defendant served on the defendant on February 27, 2014 and December 2, 2014 each of the seizure and assignment orders issued by E and F under the order of seizure and assignment of D's benefit claims. The defendant paid 3,394,535 won out of D's benefit claims on December 19, 2014 and paid 3,394,535 won out of D's benefit claims on December 19, 2014 and terminated the E's whole claim. The defendant paid F the remainder of benefits claims on December 19, 2014, 3,202,067 won, and subsequent benefits claims on December 19, 2014; and on the other hand, the defendant paid the payment claims on December 34, 2016;

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