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(영문) 서울중앙지방법원 2018.05.03 2017가단64362
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 2016, in Seoul Central District Court Decision 2016 tea429743, the Plaintiff received a payment order against A, “A and B shall pay the amount calculated at the rate of 19% per annum from May 17, 2006 to the full payment order for KRW 106,836,148 jointly and severally for a stock company, KRW 106,836,148, and its amount, but up to KRW 325,00,00 for KRW A and B”, and the said payment order was finalized on December 31, 2016 for A.

B. On March 29, 2017, in the case of the Incheon District Court Branch Branch 2017TTTT 2555, which requested the Defendants as the garnishee, the Plaintiff received the decision of seizure and collection order as follows. The said decision reached the Defendants on April 3, 2017.

Amount of claim by defendant: Amount to be paid up to the above amount of claim: 1/2 of the balance obtained by deducting the tax and public charges from the wage claims (payment, bonus, and other wage claims of similar nature) received every month by the debtor from the defendants Gap, as well as 76,909,438 won: Amount to be paid up to the above amount of claim

2. The Plaintiff claimed the payment of the wage claim based on the above collection order against the Defendants, and the Defendants asserted that there was no wage claim due to the lack of employment of A.

As for the existence and amount of seized claims, there is no evidence to prove that A has each benefit claim against the Defendants, as alleged by the Plaintiff.

3. Accordingly, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.

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