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1. The Defendant’s KRW 43,525,952 as well as 5% per annum from July 12, 2019 to July 9, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff filed an application with the Changwon District Court for a payment order with the Changwon District Court 201j32 to obtain a transfer payment order. On January 24, 2011, the above court rendered an annual payment order with respect to KRW 150,000,000 and KRW 50,000 among them, 50,000 per annum from May 29, 2007 to November 28, 201, the service date of the above payment order, and 20,100,000 per annum from the next day to the day of full payment to November 28, 2011, with respect to KRW 20,000 per annum from December 21, 2007 to November 28, 2011 to the day of full payment, and KRW 50,000 per annum and KRW 89,60,000 per annum from the next day to the day of full payment (hereinafter referred to as “instant payment order”).
B. On March 5, 2019, the Plaintiff entered the claim amount as the executive title of the instant payment order in KRW 415,724,362 (the principal pursuant to the instant payment order and the damages for delay until February 22, 2019, which appears to be the date of application for the instant collection order) and received the instant collection order as to the following claims held against the Defendant by Busan District Court Branch Branch C under Section 2019T 101609 (hereinafter “the instant collection order”), and the said collection order was served on the Defendant, the garnishee, on March 28, 2019.
The total amount of claims to be seized or collected: 415,724,362 won, the balance of claims after deducting taxes and public imposts from among the claims to be received by the debtor as representative director from the garnishee and other nominal benefits exceeds 1,50,000 won pursuant to Article 246 (1) 4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act, until such amount reaches the amount of claims in accordance with the following methods:
1. An amount exceeding 1,500,000 won for up to 3,000,000 won; and
2. Benefits exceeding 3,00,000 won and up to 6,000,000 won 1/2; and
3. Where it exceeds 6,000,000 won [3,00,000 won (benefit x 1/2 - 3,000,000 won) x 1/2];