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(영문) 서울남부지방법원 2017.08.22 2017가단9309
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 20, 2016, the Plaintiff received a seizure and collection order as to KRW 30,334,254 of the wage claim against the Defendant in B (excluding the claim that is prohibited from seizure under the Civil Execution Act) based on the executory exemplification of the judgment of the Gwangju District Court 2013Gau4866 in relation to B.

(B) Mineju District Court 2016 other 18251).

On December 21, 2016, the above order of seizure and collection was served on the defendant.

[Ground for recognition] Unsatisfy

2. Determination

A. The summary of the Plaintiff’s assertion exceeds KRW 1.5 million per month, which is the claim prohibited from seizure, and the above excess amount is seized according to the above seizure and collection order. Thus, the Defendant is obligated to pay the Plaintiff the collection amount of KRW 30,334,254 and the delay damages therefrom.

B. According to the evidence Nos. 1 and 2, there is no evidence to prove that the monthly salary exceeds KRW 1,500,000 per month, and the monthly salary that B received from the Defendant can be acknowledged as facts constituting a ground for 300,000 per month. Thus, the Plaintiff’s above assertion on the premise that the seized wage claim exists is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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