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1. The Defendant’s KRW 1,521,678 as well as the Plaintiff’s KRW 5% per annum from June 30, 2015 to August 18, 2016, and the following.
Reasons
1. Assertion and determination
A. In addition to the purport of the arguments and arguments as a result of the fact-finding conducted by the Korean Community Credit Cooperatives Federation of this Court, Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 and 2 (including additional number), and the fact-finding conducted by the Korean Community Credit Cooperatives Federation of this Court, the plaintiff was issued a seizure and collection order (hereinafter “the seizure collection order of this case”) with the Suwon District Court Branch of Sungwon Branch of 2014TTTTT 20367 on March 27, 2014 as to the amount until the amount reaches KRW 100 million out of the 1/2 of the 1/300 of the 1/2 of the 1/2 of the wages claims and retirement allowances claims against the defendant, based on the certified copy of the notarial deed with the executive force of No. 2662, May 18, 2015, the plaintiff paid KRW 361,371,3757,2014 to the plaintiff.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid collection amount of KRW 1,521,678 [=(36,213,574 won - 33,170,218 won)] and delay damages therefrom.
B. After the issuance of the instant collection order to the Defendant, the Plaintiff asserted that, in addition to the above-mentioned KRW 36,213,574, the Defendant paid KRW 10,577,984 on August 14, 2014, and KRW 1,000,000 on July 24, 2015, the Plaintiff paid KRW 1/2 to B as wages, and the retirement benefits paid to B were not paid. Accordingly, the Plaintiff’s assertion that each of them should be additionally paid to the Plaintiff.
In addition to the overall purport of each of the evidence mentioned above, the fact that the lower court deposited KRW 10,577,984 as the wage account of August 14, 2014 and KRW 1,00,00,000 as the lower annual leave on July 24, 2015 can be acknowledged.
However, according to these evidence, the above KRW 10,577,984 dated August 14, 2014 was returned to the defendant on the same day.