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(영문) 전주지방법원 2016.10.28 2014가합7475
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 30, 2003, the Plaintiff was sentenced to a judgment of Jeonju District Court 2002Gahap235, that “C and D shall jointly and severally pay to the Plaintiff the amount of KRW 109,304,000 and the amount of KRW 36% per annum from June 1, 2000 to the date of full payment” (hereinafter “the instant judgment claim”), and the said judgment was finalized on July 4, 2003.

C With respect to dividends, allowances, bonuses received from the Defendant, and all other nominal wages, the amount excluding taxes and public charges, and retirement allowances, honorary retirement allowances, retirement benefits, consolation benefits (retirement allowances, retirement allowances, etc.), or interim settlement of accounts for retirement benefits, etc. which C receives at the time of retirement, voluntary retirement or interim settlement of retirement allowances, etc., written on the claim claim (Provided, That the attached Form No. 2 of Article 246 of the Civil Execution Act (written decision) states that “Article 246(1) of the Civil Execution Act,” but it appears that “Article 246(1) of the Civil Execution Act,” concerning the claim prohibited from seizure, is written on the part of “Article 246(1) of the Civil Execution Act.”

B. On July 19, 2013, the Plaintiff, based on the instant judgment claim, issued a seizure and collection order with respect to the following claims against the Defendant: (a) as the Jeonju District Court 2013TTT 5910, the obligor C and the third obligor as the Defendant and the claim amounting to KRW 614,742,847; and (b) issued a seizure and collection order with respect to the claim against the Defendant, such as the benefits, etc. under the following contents; and (c) the said seizure and collection order was served on the Defendant on July 2

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff, as the garnishee of the above seizure and collection order, is obligated to pay to the plaintiff the amount of KRW 614,742,847 with the collection deposit, and the delay delay damages. The plaintiff is a part of the claim to the defendant.

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