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(영문) 광주지방법원 2016.05.12 2015가단52041
청구이의
Text

1. The Defendant’s decision against the Plaintiff on March 12, 2015 is based on the Defendant’s claim for collection money.

Reasons

1. Facts of recognition;

A. On March 20, 2006, the defendant filed a lawsuit against B, who is the representative director of the plaintiff, such as a loan, etc., and received a decision of performance recommendation from the above court that "the defendant (B) shall pay to the plaintiff (the defendant of this case) 14,069,211 and 4,982,744 won per annum from February 23, 2006 to the day of full payment." The above decision became final and conclusive on June 2, 2006.

B. According to the above performance recommendation decision, the Defendant: (a) claimed claim amounting to KRW 21,898,397 against the Plaintiff against the Plaintiff (the specific claim amount is 1/2 of the amount calculated by deducting taxes and public charges, such as wage and salary income tax, from the amount of wage and bonus, and the amount until the claim amount is paid; (b) the amount equivalent to 1/2 of the amount of retirement pay or interim settlement of retirement pay, or interim payment of retirement pay, and retirement compensation, which are paid at the time of voluntary retirement, the amount equivalent to 1/2 of the amount of retirement pay or interim payment of retirement pay, which is paid at the time of voluntary retirement, whichever is earlier; and (c) applied for the attachment and collection order of claims against the Plaintiff; and (d) issued a written decision on April 25, 2014. The said decision was served on the Plaintiff on April 28, 2014.

C. On March 12, 2015, the Defendant filed a lawsuit against the Plaintiff on the claim for collection amounting to KRW 21,898,397 from April 29, 2014 to December 31, 2014, based on the above order of seizure and collection, and sentenced that “the Plaintiff (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case the amount equivalent to KRW 21,898,397, and the amount equivalent to KRW 20 per annum from the next day to the date of full payment.” The Defendant filed an appeal on February 15, 2016, and the said judgment was finalized on April 24, 2015.

However, the monthly salary and bonus for the period from January 1, 2014 to December 31, 2015, which B owned by the Plaintiff, are KRW 1.5 million.

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