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1. The Defendant’s KRW 2,210,00 and annual interest thereon from November 14, 2015 to September 9, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. A again was sentenced to the bankruptcy trustee B of the bankrupt credit cooperative to pay KRW 40,000,000 and interest or delay damages thereon (as of June 16, 2006, the Gwangju District Court Decision 2005Da87086, Jun. 16, 2006, the bankruptcy trustee of the bankrupt credit cooperative B was confirmed as of July 8, 2006), and again, the bankrupt credit cooperative B transferred the claim based on the above judgment to the Plaintiff in order, and notified A of the transfer of the above claim.
B. A worked for the Defendant from May 1, 2012 to June 30, 2015, and the retirement benefits accrued therefrom are KRW 4,433,333.
C. The Plaintiff was issued an order to seize and collect KRW 123,939,068, out of the 1/2 of the wage and retirement allowance claims against the Defendant as its executive title (hereinafter “the instant collection order”) with the judgment indicated in paragraph (1) as its executive title, and issued an order to seize and collect the amount of KRW 123,939,068 (the Gwangju District Court 2015 Other Bonds 10835, Jun. 30, 2015, and the said order reached the Defendant on July 2, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 2 through 4 (including branch numbers in case of additional evidence), the purport of the whole pleadings
2. According to paragraph (1) of the judgment on the cause of the claim, the defendant shall not seize claims falling under any of the following subparagraphs within the scope of 1/2 of retirement allowances to be received by the plaintiff A according to the collection order in this case:
5. An amount equivalent to one half of retirement allowance or other wage claims of similar nature shall be liable to pay 2,210,000 won as claimed by the plaintiff and delay damages therefor.
As to the initial date of the damages for delay, the collection order shall be given to the execution creditor the right of the debtor to collect the claim against the third debtor, and it shall be ordered to the third debtor to pay the amount equivalent to the amount of the claim seized to the execution creditor, or it shall not be set the payment deadline.