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(영문) 수원지방법원 2020.03.26 2019가단531529
추심금
Text

1. The Defendant’s KRW 29,430,177 as well as the Plaintiff’s annual rate of 5% from June 26, 2019 to March 26, 2020.

Reasons

1. Facts of recognition;

A. On April 6, 2016, the Defendant is a company engaged in the franchise manufacturing business, and C was employed as a regular director (registration as an internal director from March 29, 2019) on the part of the Defendant Company and retired on July 31, 2019.

B. On March 15, 2019, based on the executory exemplification of the notarial deed, No. 388, 2018, the Plaintiff issued a seizure and collection order against C, which was issued by a notary public against C, the obligor C, the garnishee, the Defendant, and the claim amount of KRW 82,520,80,00 (hereinafter “instant collection order”), and on March 20, 2019, the above collection order was served on the Defendant on March 20, 2019.

C. The main contents of the claim seized by the collection order of this case are as follows.

With respect to the benefits which the debtor receives every month from the defendant of the garnishee after deducting the taxes and public imposts from among the monthly salary and other benefits on all other names, exceeds 1.5 million won pursuant to Article 246 (1) 4 of the Enforcement Decree of the Civil Execution Act pursuant to Article 246 (1) 3 of the Enforcement Decree of the same Act, the amount to be collected by the following methods until such amount is collected:

(a) An amount exceeding 1.5 million won for up to 3 million won;

(b) Benefits of more than 3 million won and up to 6 million won;

(c) Where the amount exceeds six million won, the amount calculated by subtracting three million won [the amount x 1/2 x 1/2 - 3 million won] x 1/2] x the amount calculated by deducting taxes and public charges from retirement allowances (excluding retirement pension or interim settlement money under the Workers' Retirement Benefits Guarantee Act, and other retirement allowances and honorary retirement allowances paid in connection with retirement] to be received by the debtor when the debtor retires or interim settlement of retirement benefits is made between the amount that does not reach the above amount, up to the above amount claimed by the debtor;

D. At the time of service of the collection order of this case, the unpaid benefits and the amount seized according to the collection order against the defendant C is as follows.

The defendant shall have the amount of benefits to be seized (after tax) on July 63, 2018, KRW 763,126,126.

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