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Reasons
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(영문) 서울중앙지방법원 2020.07.22 2019가단5142162
추심금
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1. The Defendant shall pay to the Plaintiff 30,536,830 won with 12% interest per annum from July 17, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s enforcement Plaintiff’s claim against E as the claim amount, - In this Court’s 2014Kadan813237 case on the provisional seizure of claims against the Defendant, which was issued a provisional seizure order against the Defendant, and this was served on January 2, 2015 to the Defendant.

The defendant argued the validity of service or delivered to the security guard F, which is served on the defendant in accordance with the following provisions:

Article 186 (Supplementary Service and Service) (2) When a person to be served is not present at a work place, the document may be delivered to another person provided for in Article 183 (2), or his/her legal representative or employee, including his/her employee, who is man of sense, unless he/she refuses to receive the document.

- In this Court’s case of the seizure and collection order for the claim transfer of 2015TT 103509 provisional seizure to the original seizure, KRW 33,874,242,18,258,891 shall be transferred to the original seizure, and the remainder of KRW 15,15,351 shall be seized, which was served on the Defendant on October 20, 2015.

B. The conjunctive Defendant: (a) received a decision to accept the claim amounting to KRW 30,951,800 against the Defendant in the Daejeon District Court’s Hongsung Branch case 2017TTTT 222 and the collection order; and (b) served the Defendant on September 8, 2017.

C. E’s details of wages and retirement allowances were retired on August 31, 2018, and the amount of wages that could be seized is KRW 30,536,830 as shown in the attached Table, and retirement allowances is KRW 4,09,350.

[In the absence of a partial dispute, the purport of the whole pleadings and arguments of Gap 1, 2, 3, Eul 1, 3, 4]

2. Determination

A. The amount to be collected by the Plaintiff alone from the time when the decision of provisional seizure against the Defendant was served until the order of provisional seizure against the Defendant was served.

(Attachment 1 to 32). Accordingly, the Defendant shall pay to the Plaintiff the collection amount of KRW 24,388,700.

In addition, the defendant pays the ancillary collection to the defendant.

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