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(영문) 대구지방법원 2016.10.06 2016나303831
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 8, 2007, A entered into a guarantee insurance contract with the Plaintiff by setting the insurance coverage amounting to 31,454,810 won, and the insurance coverage period from January 8, 2007 to February 8, 2010. Based on this, A received a loan from the Korean Teachers’ Credit Union.

On January 29, 2010, upon delinquency in paying the above loans A, the Korean Teachers' Credit Union claimed insurance proceeds to the Plaintiff. On March 4, 2010, the Plaintiff subrogated for KRW 31,454,810 to the said Mutual Aid Association in accordance with the above insurance contract.

B. Meanwhile, on February 9, 2010, the Plaintiff filed an application for provisional seizure of A’s claim against A with respect to the claim for reimbursement claim (the claim amounting to KRW 31,292,310) with the Seoul Central District Court Decision 2010Kadan3749, which was before the said subrogation, on February 9, 2010, for provisional seizure against A’s wage and other claims. On February 22, 2010, the Plaintiff received a provisional seizure decision from the said court (hereinafter “instant provisional seizure decision”).

The provisional attachment ruling of this case was served on February 24, 2010 to the defendant.

In the decision of provisional seizure of this case, the details of claims to be seized are as follows.

A The amount of salaries (main pay and allowances) received every month from the defendant and the end-end allowances (in bonuses) received each year, up to the above amount claimed one-half of the balance obtained by subtracting the tax and public charges from the public charges and the public charges (Provided, That in cases falling under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living in consideration of the minimum cost of living under the National Basic Living Security Act, the remaining amount excluding the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the amount, the cost of living in a standard household) and the amount of living in a standard household which are not yet paid when a voluntary retirement is made, up to the above amount

C. On May 26, 2010, the Plaintiff filed an application with the Seoul Central District Court for the payment order of the claim for indemnity against A as Seoul Central District Court 2010 tea58093.

On May 27, 2010, the above court rendered “A” to the Plaintiff.

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