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Reasons
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(영문) 서울북부지방법원 2017.08.10 2017가단3458
추심금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 29, 2011, the Plaintiff filed a lawsuit against B against the Seoul Northern District Court 201Gau16777, and was sentenced by the said court to the judgment that “B shall pay to the Plaintiff the amount of KRW 11,00,000 and the amount of KRW 25% per annum from December 10, 200 to January 28, 2011, and 20% per annum from January 29, 201 to the date of full payment” (hereinafter “instant judgment”). The said judgment became final and conclusive on July 23, 2011.

B. On January 13, 2017, according to the instant judgment, the Plaintiff received a seizure and collection order (the debtor B, the garnishee, the defendant, the claim amount of KRW 51,95,341, and KRW 341, hereinafter “instant collection order”) regarding the wage claim against the defendant in the Daegu District Court under the Daegu District Court Branch of 2017TTT 50, and the instant collection order was served on the defendant on January 16, 2017.

C. The list of claims to be seized and collected stated in the collection order of this case is as follows.

With respect to the third obligor’s monthly benefit (the amount obtained by deducting taxes and public charges from the principal salary, various allowances, bonuses, etc.) to be paid by the Defendant by the third obligor, the amount shall be equal to the above claim amount (51,95,341 won) by deducting the amount prohibited from seizure under each of the following cases:

1. The full amount of benefits shall not exceed 1.5 million won;

2. Where benefits exceed 1.5 million won and are not more than three million won, the amount excluding 1.5 million won.

3. 1/2 amount of benefits in case where the amount of benefits exceeds 3 million won and is not more than 6 million won.

4. Where benefits exceed six million won, three million won [the amount exceeding six million won (3/4 of the amount exceeding six million won).

D. Meanwhile, B is employed by the Defendant and on the other hand, from October 1, 2012 to September 30, 2016.

After withdrawal, on October 14, 2016, the Defendant had been re-employed and had been re-employed and retired on May 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, Eul evidence 5-2 and 3, the purport of the whole pleadings

2. The argument and judgment.

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