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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 30, 2019, the Plaintiff filed a lawsuit against C seeking unjust enrichment with the Jeonju District Court 2018Gadan11369, and the judgment became final and conclusive on August 30, 2019, that “C shall pay to the Plaintiff 150,000,000 won and interest calculated at the rate of 10% per annum from September 30, 2017 to May 17, 2018, and 15% per annum from the next day to the date of full payment.”
B. Based on the foregoing final judgment, the Plaintiff, based on the foregoing final judgment, issued a claim attachment and collection order under the former District Court Decision 2019TTT No. 2019TTE37802 with respect to the wage claim against the Defendant (mutually named D convalescent hospital) as KRW 190,429,660, and the said claim attachment and collection order was served on the Defendant on November 11, 2019.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]
2. The assertion and judgment
A. The plaintiff asserts that the defendant is obligated to pay the collection amount of KRW 190,429,660 to the defendant, and the defendant asserts that C's payment of KRW 2,00,000 shall be prohibited from seizure and there is no enforcement bond to the plaintiff.
B. According to the evidence Nos. 1 and 2 of the judgment, C received benefits of KRW 2 million from the Defendant for the month prior to the Sejong, and if the benefits were deducted from the above benefits, it can be recognized that the Defendant received approximately KRW 1.8 million. The above benefits shall not be seized under the proviso of Article 246(1)4 of the Civil Execution Act, Article 36(1) of the Enforcement Decree of the Civil Execution Act, and Article 246(1) of the Civil Execution Act.
4. Amount equivalent to 1/2 of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature: Provided, That where the amount falls short of the amount prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act, or exceeds the amount prescribed by Presidential Decree in consideration of the cost of living of standard households, the amount prescribed by Presidential Decree shall apply respectively;