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(영문) 창원지방법원 2017.07.13 2016가단4986
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 14, 2016, the Plaintiff was issued a collection order (hereinafter “instant collection order”) with respect to the amount until KRW 73,259,898 of the balance obtained by a notary public of Changwon District Court 2016T based on the executory exemplification of a notarial deed with the executory power under Article 2894, drafted by Changwon Law Firm No. 2894, the Plaintiff received the seizure and collection order of the claim (hereinafter “instant collection order”). The instant collection order was served on the Defendant on March 16, 2016 and became final and conclusive as is, as it is, on the basis of the original copy of a notarial deed with the executory power under Article 2894, which was executed by the Changwon District Court.

B. The defendant is running a manufacturing business with the trade name D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion (i) has a benefit claim against the Defendant 7,99,92 won [the sum exceeding KRW 1,500,000 of the amount of the claim prohibited from seizure among the monthly salary from March 2016 to February 2017: (i) [the amount exceeding KRW 1,50,000] among the monthly salary from March 2016 to February 2017.

② Since C had been working in D through D operated by the Defendant from 2010 to 2010, the Defendant has a total of KRW 15,399,998 as shown in the following table.

Therefore, according to the collection order of this case, the defendant is obligated to pay to the plaintiff part of the collection amount of KRW 23,399,990 (=7,99,992 Won 15,399,998) and damages for delay.

(units: 26,400,000 950,000 950,000 26,400,000 20,2000,2000 2,2000,2000 2,2000,0000 2,50,0000,000 2,500,000 2,500,000 2,500,000 2,50,500,000 32,50,500,000 2,50,7002,702,3332,708,33332,50,50,000,702,708,708,708,332,708,3326,66,66,666,666,666,6666,666,208,36,666,

3. Determination

A. According to Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act as to the determination on the portion of benefits, where 1/2 of the balance of benefits claims, excluding taxes and public charges, does not exceed 1,500,000 won, up to 1,50,000 won.

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