1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The Plaintiff was issued a collection order (hereinafter “instant seizure and collection order”) with respect to the amount up to the requested amount among the claim for benefits and the claim for construction cost against the Defendant, based on the executory decision of performance recommendation for the loan case No. 2011Gau985, the Suwon District Court rendered an executory decision of performance recommendation for the loan case No. 2011Gau985, Dec. 29, 2016, the amount claimed as KRW 12,847,641, which was the claim amount as KRW 12,842, from among the claim for benefits and the claim for construction cost against the Defendant.

The instant order of seizure and collection was served on January 2, 2017 on the Defendant.

【Ground of Recognition” without any dispute, Gap evidence 1-1 and 2, the parties’ assertion of the purport of the whole pleading, and the plaintiff’s assertion of the parties to the judgment, are paid not less than KRW 1.5 million per month from the defendant, and ② The defendant subcontracted construction works, such as new construction works, etc., in Gangwon-gun C from the defendant, and has a claim for construction payment against the defendant.

Since the defendant's assertion B had not paid benefits of at least 1.5 million won per month to the plaintiff, there is no collection amount to be paid to the plaintiff, and since the construction has not been subcontracted to the worker B, the claim for collection of this case cannot be complied with.

Judgment

In a lawsuit for collection, the existence of a claim for collection is a requisite fact and the burden of proof is the plaintiff.

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 and public charges among wages is 1.5 million won or less, 1.5 million won or less is prohibited from seizure.

Therefore, the plaintiff, a collection right holder, should prove that the debtor receives wages exceeding 1.5 million won each month even though the debtor is excluded from taxes and public charges from the third debtor.

According to Gap evidence No. 3, B's taxable benefits (total benefits) in 2015 are KRW 26,60,000 ( approximately KRW 2,216,666 per month), and it is recognized that the taxable benefits (total benefits) in 2016 are KRW 22,80,000 (monthly 1,90,000 per month).