1. The Defendant’s KRW 4,250,000 as well as 5% per annum from September 12, 2017 to October 16, 2018 to the Plaintiff.

The existence of a claim to be collected in a claim for collection of the relevant legal doctrine is a requisite fact and the burden of proof is borne by the Plaintiff (see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). Meanwhile, according to Article 246(1)4 of the Civil Execution Act and Article 3 of the Enforcement Decree of the same Act, in cases of wage claims of which 1/2 of the balance, excluding taxes and public charges, is less than 1.5 million won, the claim to be prohibited from seizure up to 1.5 million

Therefore, the plaintiff, a collection right holder, should prove that the debtor receives wages exceeding 1.5 million won each month even though the debtor is excluded from taxes and public charges from the third debtor.

Judgment

The Defendant runs the business of collecting and transporting excreta in the name of “C” from December 17, 2015, and D receives KRW 1,750,00 from the last day of each month while serving as a vehicle engineer at the said workplace; on April 20, 2017, the Plaintiff received KRW 1,750,000 from the last day of each month; on April 20, 2017, based on the original copy of the executory order of loans in the Jeonju District Court 2009j49, Jeonju District Court 2017 Sejong District Court 2012, Jeonju District Court 83,423,736, with the obligor and the third obligor’s claim amount as KRW 83,423,736, with respect to the above wage claim against D against the Defendant (hereinafter “instant collection order”). The collection order in this case was delivered to the Defendant on April 24, 2017, without dispute between the parties, or by adding evidence No. 1, evidence No. 21, and evidence No. 2.

Therefore, the Defendant, a collection creditor, issued a collection order of this case to the Defendant on April 24, 2017, which was the date of the payment of the benefits first arrived after the date of the closing of the argument in this case, and on September 18, 2018, which was the date of the closing of the argument in this case, was 4.25 million won (=(1.75 million won - 1.5 million won) x 1.7 months) and the following day after the delivery of a copy of the complaint in this case.