logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.10.26 2018가단103943
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,279,177 and the interest rate of KRW 15% per annum from March 23, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is an insurance intermediary, which was the Defendant’s insurance solicitor, commissioned B as the Defendant’s insurance solicitor on November 2013, and paid B monthly contract fees for the insurance contracts solicited by B.

B. On April 20, 2007, the Plaintiff was sentenced to Suwon District Court Decision 2007Da3182 with respect to Suwon District Court Decision 2007Da3182, that “the Plaintiff shall pay 20% interest per annum from February 2, 2007 to the day of full payment.” The above judgment became final and conclusive around that time, and B succeeded to C as the wife of the deceased C, who died thereafter, at the rate of 3/7.

C. On July 30, 2014, the Plaintiff issued a collection order for the seizure and collection of the claim (hereinafter “instant claim seizure and collection order”) on the amount up to KRW 55,748,134, out of the amount obtained by deducting taxes and public charges from the claim, such as the fee, against the Defendant in B based on the above final and conclusive judgment, by requesting the Suwon District Court to issue a seizure and collection order for the amount until it reaches the amount.

After being served with a collection order on August 4, 2014, the Defendant issued the instant claim seizure and collection order, “the instant commission below the insurance solicitation commission,” as follows:

(B) paid. [The facts that there is no dispute over the basis for recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.]

2. Determination on the cause of the claim

A. According to the above facts of recognition, inasmuch as the right to collect fees incurred after being served on the Defendant on August 4, 2014 by the seizure and collection order of the instant claim is transferred to the Plaintiff, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the fees of this case 46,279,177 won and delay damages therefrom.

B. Of the gist of the Defendant’s assertion and determination 1, the amount equivalent to less than KRW 1.5 million each month out of the instant fees falls under the claim prohibited from seizure pursuant to Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the Civil Execution Act, and thus, the Plaintiff, notwithstanding the instant claim seizure and collection order.

arrow