1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 29, 2017, the Plaintiff filed a monetary claim claim against C with Busan District Court Decision 2017Da52695, and received a favorable judgment from the above court on November 29, 2017 that “C shall pay the Plaintiff KRW 10 million and its delay damages.” The Plaintiff’s appeal and appeal against C were dismissed, and the said judgment became final and conclusive on January 22, 2019.

B. On February 21, 2018, the Plaintiff was issued a seizure and collection order as to the amount up to the claim amount among the 1/2 of the balance of the 1/2 of the wage and the final allowances (in the execution cost of KRW 375,000,000, the principal amount of which is KRW 32,011), which C had against the Defendant, based on the executory exemplification of the judgment in the monetary claim case No. 2017Gau District Court Decision 2017Gau5164, Busan District Court (No. 2017Gau2695) and the execution cost of KRW 10,407,01 (i.e., the principal amount). The order was served on the Defendant on February 23, 201.

[Reasons for Recognition] The substantial facts in this Court, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) is the Defendant’s in-house director, who works as the Defendant’s in-house director.

Therefore, the defendant should pay the part attached to the above benefits to the plaintiff who is the collection right holder.

(2) Since the Defendant’s assertion C works as unpaid fees, there is no collection amount that the Defendant would pay to the Plaintiff.

B. In a judgment collection lawsuit, the existence of the claim to be collected 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, pursuant to Article 246(1)4 of the Civil Execution Act and Article 3 of the former Enforcement Decree of the Civil Execution Act (amended by Presidential Decree No. 29603, Mar. 5, 2019), in cases of wage claims of which 1/2 of the balance excluding taxes and public charges is less than 1.5 million won per month, 1.5 million won per month.