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의정부지방법원 고양지원 2018.01.26 2017가단90069
공탁금 출급청구권 확인
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1. The bankruptcy trustee, Inc., Ltd., in the bankruptcy debtor B, was the High Government District Court No. 3369, 2017.

Reasons

1. The Plaintiff was working as a representative director in B, a corporation.

On June 10, 2015, the defendant seized the amount exceeding 1/2 in cases where the total amount of income tax and local income tax on earned income or retirement income is at least three million won and less than six million won in cases where the total amount of income tax on earned income or retirement income is at least three million won, and 1.5 million won in cases where the amount is less than three million won.

On June 27, 2016, corporation B was declared bankrupt.

On August 28, 2017, the bankruptcy trustee B of the bankrupt debtor B deposited the deposited amount of KRW 11,213,140 for the Plaintiff’s unpaid remuneration as the Plaintiff or the Defendant for the reason that it is impossible to identify the obligee without fault, and thus, the deposited amount of KRW 11,213,140 for the Plaintiff’s unpaid remuneration.

Accordingly, the defendant notified the attachment of the claim for the payment of the deposit and sent the notification to the District Court on November 22, 2017.

On the other hand, the details of calculation of accrued benefits deposited by the bankruptcy trustee are as follows.

On January 3, 16. 16. 3,250,000 1,58,581,581,580,370 1,581,370 1,581,370 1,268,750. 2.3,250,500 1,581,370 405,790 2,616, 630 3,250,000 1,581,370, 370 2,895, 270 16. 3,250,250,50,50, 370, 370, 370, 850, 848, 168, 168, 305, 168, 167, 168, 167, 305

2. Determination

A. In light of the purport of the claim system prohibiting seizure of the Plaintiff, the person entitled to claim the release of a claim prohibiting seizure should receive the benefit prohibited from seizure from the Plaintiff.

However, in full view of the facts admitted, the total amount of claims prohibited from seizure was not paid KRW 8,746,850 or the amount that the Plaintiff received was not paid KRW 3,809,957 as KRW 4,936,893.

Therefore, the right to deposit money of 4,823,240 won is the plaintiff, as requested by the plaintiff, among the money paid by the trustee in bankruptcy.