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(영문) 서울남부지방법원 2019.06.13 2018나652
추심금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 6, 2016, the Plaintiff filed a lawsuit against C with Seoul Southern District Court No. 2016Gau1791, the Plaintiff was sentenced in favor of the Plaintiff in the provisional execution declaration stating that “The Defendant (C) shall pay to the Plaintiff 8,255,200 won with 5% interest per annum from May 1, 2013 to February 29, 2016, and 15% interest per annum from the next day to the date of full payment.”

B. The Plaintiff is Seoul Central District Court 2016TTT20497, supra.

Based on the judgment stated in Paragraph C, the amount claimed is KRW 10,315,400, and C’s wage claim (including wage, bonus, and other wage claim and operating allowance having similar nature) against the Defendant and the amount equivalent to 1/2 of the balance of the balance of the tax and public charges deducted from the tax and public charges, and the amount up to the amount of the claim is issued on November 23, 2016 (hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order was served on the Defendant on November 28, 2016.

C. The defendant is an insurance agency dealing with insurance products of multiple insurance companies, and C is a person who served as an insurance solicitor belonging to the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay the benefits, such as allowances, to the insurance solicitor C, and thus, the collection obligee, based on the instant claim seizure and collection order, is obligated to pay the claim amount of KRW 10,315,400, and delay damages to the Plaintiff.

Even after receiving the delivery of the instant claim attachment and collection order, the Defendant continued to pay C allowances, etc., which cannot be asserted against the Plaintiff, and the Defendant should pay C allowances to C to the Plaintiff.

B. The defendant's summary of the claim 1 is that the claim of the judgment amount, which served as the basis of the collection order, is inconsistent with the substance.

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