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(영문) 의정부지방법원 2020.10.22 2019가단119442
추심금 등
Text

1. Of the instant lawsuit, the part of the claim for collection against Defendant A shall be dismissed.

2. The plaintiff's remainder against the defendant A.

Reasons

2. Amount prescribed by the Enforcement Decree of the Civil Execution Act; and

2. If the amount claimed as retirement or interim settlement of retirement benefits is made between the persons who have not attained the above amount claimed as retirement or interim payment of retirement benefits, the amount claimed within the limit of one-half of the balance obtained by deducting taxes and public charges from the amount of such retirement benefits or interim payment of retirement allowances;

3. Where the amount claimed does not reach the amount claimed based on the above amount, the amount to the above amount claimed within one half of the balance of honorary retirement allowances (in addition, retirement allowances, honorary retirement allowances, etc.) which the garnishee pays to the debtor as a group of retirement subsidies, less taxes and public charges, out of retirement allowances, honorary retirement allowances, etc.).

1. Prohibition against seizure in full, if the monthly benefit does not exceed 1.5 million won;

2. Monthly benefits of more than 1.5 million won but not more than three million won: Benefits - 1.5 million won.

3. Monthly benefits of three million won to six million won = Benefits* 1/2;

4. Monthly benefits of more than 6 million won = Benefits of more than 3 million won (Benefits* 1/2) * 1/2

C. Defendant C served as an employee of “F” operated by Defendant E.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, and 2-2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. According to the collection order of this case against Defendant A, the Plaintiff may collect the claims, such as the benefits owed by Defendant C against Defendant A, the employer, according to the collection order of this case. As such, Defendant A shall pay the Plaintiff KRW 50,000,000 among the above claims and delay damages therefor.

B. The Defendants, in collusion with the Defendants, shall be liable for tort damages against Defendant C, and the monthly salary paid by Defendant A to Defendant C for the purpose of avoiding compulsory execution against Defendant C’s wage claim, knowing that the Plaintiff, a creditor against Defendant C, exists, is less than KRW 1,50,000, which is prohibited from being entirely seized under the Enforcement Decree of the Civil Execution Act, and is actually paid.

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