beta
Text
1. The Defendant’s KRW 1,837,666 as well as 5% per annum from May 9, 2019 to October 17, 2019 to the Plaintiff.
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).
3. Determination
A. The existence of a claim for collection is a requisite fact, and the burden of proof is to be borne by the Plaintiff (see, e.g., Supreme Court Decision 2005Da47175, Jan. 11, 2007). Therefore, in the instant case, the existence and scope of a claim for wages against the Defendant, a claim for collection, against the Defendant in the instant case, must be attested by the Plaintiff
B. It is reasonable to view that C has a wage claim against the defendant according to the result of inquiry into the head of the National Pension Service branch office by the court as to whether there is a seized claim (C's wage claim against the defendant)
C. Article 1 (1) of the Civil Execution Act provides that "the amount equivalent to 1/2 of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature shall not be seized: 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 be the amount prescribed by Presidential Decree concerned, respectively." Article 3 of the Enforcement Decree of the Civil Execution Act (amended by Presidential Decree No. 29603, Mar. 5, 2019) provides that "The amount prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act" means 1,50,000 won.
Since the remainder except the claim prohibited from seizure under the specific provision of collection amount is the same as the “ usable amount” stated in the same Table, the defendant according to the collection order of this case shall be the plaintiff.