1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 2, taking into account the whole purport of the pleadings:

On December 20, 2012, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) as to the payment claim against the Defendant under the Daejeon District Court’s Seosan Branch Branch of 2012 other bond 3813 by a notary public against C on December 20, 2012, based on the No. 213 of the Monetary Loan Agreement (hereinafter “No. 201”). The instant collection order was served on the Defendant, who is the garnishee, on December 26, 2012.

B. Meanwhile, the list of claims to be seized and collected stated in the collection order of this case is as follows.

With respect to monthly salary and allowances which the debtor receives every month from the garnishee and other benefits for all other names, the balance after deducting the tax and public imposts from the tax and the public imposts, exceeds the amount equivalent to 1,50,000 won under Article 246 (1) 4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act, the amount to be collected by the time when the claim is made in accordance with the following methods:

1. An amount exceeding 1,500,000 won for up to 3,000,000 won;

2. Benefits of more than 3,00,000 won and up to 6,000,000 won; and

3. Amount excluding the amount of KRW 3,000 (benefit x 1/2-3,000,000) x 1/2 where the amount exceeds 6,000 won.

2. The assertion and judgment

A. The plaintiff asserts that C's wage claim against the defendant exceeds KRW 1,50,000 per month, and the plaintiff received the collection order of this case concerning the above wage claim, so the defendant asserts that C is obligated to pay the collection amount to the plaintiff KRW 56,529,145 according to the collection order of this case and the delay damages for this amount.

In regard to this, the defendant is not more than KRW 1,50,000 per month for wage claim against C, and is prescribed in the proviso of Article 246 (1) 4 of the Civil Execution Act, Article 3 of the Enforcement Decree of the Civil Execution Act.