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(영문) 수원지방법원 2015.07.14 2014가합13658
추심금
Text

1. As to KRW 1,171,480 among the Plaintiff and KRW 585,740 among them, the Defendant shall pay to the Plaintiff KRW 585,740 from August 18, 2014, and KRW 585,740.

Reasons

1. Facts of recognition;

A. On August 1, 2014, Nonparty C, while serving as the representative director of the Defendant, was resigned from the representative director and currently serving as a director.

The Plaintiff, as a partner of C, filed a lawsuit against C seeking payment of KRW 300 million of the share purchase price and interest thereon by the Incheon District Court 201Ga20211, and was sentenced to a favorable judgment on February 13, 2014. The said judgment was finalized on October 15, 2014.

B. In order to preserve KRW 404,351,00,03 of the above sales price claim against C as Seoul Central District Court 2014TTTT 16314, the Plaintiff requested the attachment and collection order of the claim against C, the garnishee, and the seized claim, with KRW 404,351,003 of the wage and retirement allowance claim against C, and requested the attachment and collection order of the claim on June 11, 2014 (hereinafter “instant collection order”).

(2) On June 16, 2014, the instant collection order was served on the Defendant on the part of June 16, 2014. (2) The wage or retirement allowance claim attached as the instant collection order is specifically “the amount until the above amount claimed, one half of the balance obtained by subtracting the tax and public charges from the wage claim received each month by the debtor from the third debtor, until it reaches the above claim (However, in cases 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 in consideration of the minimum cost of living, the remaining amount excluding such amount, and the amount equivalent to the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the cost of living of the standard household) and the cost of living of the standard household

C. On May 1, 2014, prior to the delivery of the instant collection order, the Defendant, at the request of C, shall deduct the amount of KRW 7,000,000, from the representative director’s pay for May 1, 2014.

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