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(영문) 대구지방법원 2016.09.23 2015가단39699
추심금
Text

1. As to the amount stated in the separate sheet among KRW 51,315,610 and the said money to the Plaintiff, the Defendant shall attach thereto.

Reasons

1. The assertion;

A. The Plaintiff was ordered to pay Nonparty D in the Daegu District Court 2012 tea 11879 (hereinafter “Seoul District Court”), and the order was finalized on February 7, 2013.

B. The above D is a person who was receiving benefits from the Defendant while serving as the representative director of the E Hospital to which the Defendant belongs. On October 29, 2014, the Plaintiff received the above D and the Defendant as the garnishee, and the Daegu District Court 2014TTTTTT16313 (hereinafter “instant claim seizure and collection order”). The content of the instant seizure and collection order is to seize and collect 1/2 of the amount obtained by deducting the tax and public charges from the debtor’s benefits until the amount claimed is 62,439,082.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 62,439,082 won with 6% interest per annum from October 27, 2014 to the delivery date of a copy of the instant complaint, and 20% interest per annum from the next day to the day of complete payment.

2. Determination

A. According to the evidence Nos. 1, 2, and 3 of the judgment as to the existence of the Defendant’s debt collection payment obligation, the Plaintiff received the instant claim seizure and collection order against the Defendant as Nonparty D’s creditor. According to the evidence Nos. 1, etc., it can be known that the said D was receiving benefits from the Defendant while working as the president of the E Hospital’s representative hospital to which the Defendant belongs.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 1/2 of the amount obtained by deducting taxes and public charges from the above D’s benefits until the amount of KRW 62,439,082 according to the content of the instant seizure and collection order.

B. According to the evidence stipulated under subparagraph 1 of subparagraph (a) indicating that the Plaintiff received benefits from the Defendant after deducting taxes and public charges, etc. from November 201, 2014 to May 201, 2016, following the Plaintiff’s issuance of a collection order for the seizure and collection of the instant claim.

On the other hand, the defendant from June 2016 to this case.

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