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(영문) 창원지방법원마산지원 2017.11.15 2017가단104319
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. In the Seoul Central District Court Decision 2017Gadan5023915, the above court rendered on April 25, 2017 a ruling ordering the Plaintiff to pay the amount equivalent to KRW 32,540,441, and the amount equivalent to KRW 29,942,667 each year from November 22, 2016 to the date of full payment (hereinafter “instant ruling”), and the above ruling became final and conclusive around that time.

B. On June 27, 2017, the Plaintiff, based on the instant judgment, issued a collection and seizure order (hereinafter “instant benefit claim and retirement allowance claim”) against the Defendant under the Ulsan District Court Decision 2017TTTTA, and (1) the remainder except for the prohibition of seizure as stipulated in Article 246 subparag. 4 of the Civil Execution Act among benefit claim, and (2) the remainder except for the prohibition of seizure as stipulated in Article 246 subparag. 4 of the Civil Execution Act among retirement allowance claim, until it reaches the amount of KRW 38,608,981 of the remainder (hereinafter “instant benefit claim and retirement allowance claim”), and the written decision was served on the Defendant on July 3, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings

2. The plaintiff's judgment on the plaintiff's claim sought payment of KRW 38,608,981 and delay damages against the defendant based on the seizure and collection order of this case, but there is no proof of assertion as to the existence of the seized claim, that is, A has the claim for wages or retirement allowances of KRW 38,608,981 against the defendant. Thus, the plaintiff's above assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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