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(영문) 광주지방법원순천지원 2019.03.27 2018가단2022
추심금
Text

1. As to KRW 17,00,000 and KRW 10,500,00 among the Plaintiff, the Defendant shall have 5% per annum from March 6, 2018 to March 27, 2019.

Reasons

1. Basic facts

A. On May 3, 2016, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) with respect to C’s wage claim and retirement allowance claim against C as the court below 2016TT 3039.

The main contents are as follows:

- Claim Amount: 110,625,810 won [30,200 won (claim based on an executory exemplification of the judgment with executory power in the case of loans claim by Gwangju District Court 72,000,000Hun-Ga 6146] 17,032,822 won (claim based on the executory power in the judgment with executory power in the case of loans claim by Gwangju District Court 2014Ga 13657 wage, etc.)] - The claim to be seized and collected: The amount calculated by deducting the amount of tax and public charges from the amount of benefits received monthly by the defendant (paid, bonus, and other wage claims of similar nature) less the amount of tax and public charges from the amount of one half of the above claim amount until it reaches that amount [Provided, That where the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living under the National Basic Living Security Act, the amount remaining after deducting the amount of retirement allowance from the amount of the above claim 1/2) and the amount of living expenses.

B. The instant collection order was served on May 18, 2016 on the Defendant.

C. Around April 1, 2016, the Defendant, while employing C, agreed to pay KRW 2,00,000 per month as salary.

C has served as an employee of the defendant from April 1, 2016 to the present.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, fact-finding results on the president of the National Health Insurance Corporation and the purport of the whole pleadings

2. Determination

(a) The order of seizure and collection shall enter into force upon delivery to the garnishee of the judgment on the cause of the claim;

On the other hand, however,

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