1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff asserted against B by filing a lawsuit claiming a loan with the Seoul Central District Court 2012Kadan123280, which was rendered a favorable judgment on July 19, 2012. Based on the judgment, the Plaintiff received a seizure and collection order against B on the wage claim against B.

Therefore, the defendant is liable to pay the collection money to the plaintiff.

B. The monthly salary of the Defendant’s assertion B is only KRW 1.5 million.

2. On the other hand, the existence of a claim for collection in a claim for collection is a requisite fact (see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007) and the burden of proof is borne by the Plaintiff (see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). Meanwhile, according to Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act, in the case of wage claims of which 1/2 of the balance excluding taxes

Therefore, the fact that the debtor receives wages in excess of 1.5 million won per month, excluding taxes and public charges from the third debtor, should be proved by the plaintiff, who is the collection right holder. The evidence submitted by the plaintiff alone is insufficient to recognize the fact that the defendant's wage claim against the defendant exceeds 1.5 million won per month, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.