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(영문) 부산지방법원 서부지원 2021.01.14 2019가합666
추심금
Text

1. The Defendant’s KRW 18,500,690 and its relation to the Plaintiff’s KRW 5% per annum from November 30, 2019 to January 14, 2021.

Reasons

1. Facts of recognition;

A. On September 4, 2018, the Plaintiff, C, and D entered into a debt repayment agreement with the effect that “C and D shall pay the Plaintiff the total amount of KRW 151,885,000,00,00 of the principal and interest of the debt borrowed from the Plaintiff by March 31, 2019 (hereinafter “instant agreement”), and that interest shall not be paid and the rate of delayed damages shall be 24% per annum” (hereinafter “instant agreement”). On the same day, as the case of No. 1496, a debt repayment agreement agreement document containing the intent of abortion, which is compulsory execution of the foregoing content, was drafted as a “fair deed” (hereinafter “instant fair deed”).

B. On May 30, 2019, the Plaintiff entered the claim amount in KRW 155,120,106 based on the instant fair deed with executory power, and received a seizure and collection order as to the following claims that C holds against the Defendant by 5070 heading to the Busan District Court Branch Branch 2019, and issued against the Defendant (hereinafter “instant collection order”). The above collection order was served on the Defendant as the third debt manager on June 3, 2019.

Until the above amount claimed by the debtor, 1/2 of the balance obtained by subtracting public imposts from the amount of wage claim (payment, bonus, and other wage claim of similar nature) that the debtor receives from the third person on a monthly basis, until the said amount reaches the above amount: Provided, That where the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living under the National Basic Living Security Act, taking into account the living expenses of the standard household, the remaining amount shall be excluded; where the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the living expenses of the standard household, the remaining amount after excluding the amount prescribed by the Enforcement Decree of the Civil Execution Act) and the above amount of claim, if the debtor retires from the above amount of claim, the right to receive the retirement allowance system under Article 7 of the Act on the Guarantee of Retirement Benefits of Workers shall be excluded. In addition, where the debtor holds shares of a third person, the above amount of claim and the amount of shares

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