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1. The Defendant’s KRW 358,00 and the Plaintiff’s annual rate of KRW 5% from November 6, 2019 to July 15, 2020.
Reasons
1. Basic facts
A. Based on the Plaintiff’s debtor B, Gangnam District Court 2008Da1739, Seoul High Court 2009Na119636, and Supreme Court 2010Da94243, the Defendant reached a collection order against the Defendant on January 9, 2019, with the claim amounting to KRW 146 million, the third obligor D Association (hereinafter “D Association”) and the third obligor’s claims for collection under seizure against the said obligor’s deposit and insurance money ( KRW 50 million against the D Association, KRW 40 million against the Defendant, KRW 30 million against the D Association, KRW 26 million against the Defendant, and KRW 26 million against the Defendant).
(hereinafter referred to as “instant seizure and collection order,” B.
On February 7, 2019, the Plaintiff sent to the Defendant a written request for payment stating that the collection amount according to the seizure and collection order of this case will be paid by content-certified mail.
C. However, the Defendant rejected the Plaintiff’s claim for the payment of the collection amount, and on the other hand, the D Union paid the Plaintiff the amount (6,311,378 won) calculated by subtracting 1.5 million won from the deposit claims against C’s D Association on February 12, 2019 according to the instant seizure and collection order.
[Ground of recognition] without any dispute, entry of Gap evidence 1-2 and Gap evidence 2-2, fact-finding results of this court's fact-finding, whole purport of oral argument
2. Determination:
A. The Plaintiff asserts that the Defendant should pay KRW 66 million according to the collection and collection order of this case. The Defendant asserted that the deposit account balance in B and C falls short of KRW 1.5 million, which is the amount equivalent to the minimum cost of living under the Civil Execution Act, and that it cannot be complied with.
B. According to Article 246(1)8 of the Civil Execution Act and Article 7 of the former Enforcement Decree of the Civil Execution Act (amended by Presidential Decree No. 29603, Mar. 5, 2019), a deposit required to maintain the livelihood of an obligor for one month is KRW 1.5 million.