beta
Text
1. The Defendant’s KRW 8,032,080 as well as 5% per annum from October 23, 2019 to May 19, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. B entered into a loan guarantee contract with the Plaintiff on September 28, 2001 and borrowed KRW 30,000,000 from the Industrial Bank of Korea.
B. B was unable to repay the above loans, and on March 18, 2003, the Plaintiff subrogated 24,994,849 won to the Industrial Bank of Korea, and on August 13, 2007, issued a payment order on September 3, 2007 by requesting the Seoul Western District Court 2007 tea1096 to issue a payment order against B.
C. On June 14, 2013, the Plaintiff issued an order to seize the amount of claim as KRW 65,231,318 upon receipt of the above payment order and to issue a collection order under the Seoul Southern District Court Decision 2013TTTTTT12423, Jun. 18, 2013, upon which B received monthly payment from the Defendant, and one half of the balance remaining after deducting the tax and public charges from the bonus, and to grant the authority to collect the amount of claim (hereinafter “instant collection order”), and the above collection order was served on the Defendant on June 21, 2013.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. The Plaintiff, based on the average wage of the Defendant’s employee, claimed KRW 5,766,680 for the amount to be collected from June 2, 2013 to September 2019, on the premise that the monthly salary of KRW 2,894,167 was calculated by deducting KRW 1.5 million as prescribed by the Enforcement Decree of the Civil Execution Act, and that the amount to be collected from KRW 1,394,167 as prescribed by the Enforcement Decree of the Civil Execution Act was KRW 1,394,167. However, it is insufficient to recognize that the entries in the evidence No. 10 to 13 alone are KRW 2,894,167, and there
However, in the collection order of this case where B's claim, such as benefit, is the amount prescribed by the Enforcement Decree of the Civil Execution Act, and 1.5 million won or less of monthly benefit, the collection order of this case can be collected from the monthly benefit after deducting 1.5 million won from the monthly benefit, in the case where the monthly benefit is more than 1.5 million won but not more than 3 million won.