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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion holds the claim of KRW 20,309,918 ( principal KRW 19,888,045, interest KRW 35,373) based on the original copy of the payment order (Seoul District Court Branch Branch Decision 2013Da6488) against the Defendant, and the Plaintiff’s claim of KRW 20,309,918 (interest KRW 19,88,045, and KRW 355,373) with the execution bond as the execution bond. The Plaintiff received a seizure and collection order against the Defendant under the Seoggu District Court Branch Branch Decision 2014TTT301, and the Defendant is obligated to pay KRW
2. Based on the original copy of the above payment order, the Plaintiff received a seizure and collection order as to the amount of KRW 20,309,918, which is the claim amount of KRW 1/200,000,000, which is the monthly salary (main salary and allowances) and the bonus that the Defendant received from the Defendant, from the Daegu District Court Branch Branch of 2014TTTTE under the above payment order for the Defendant: Provided, That there is no dispute between the parties concerned as to the above seizure and collection order on January 20, 2014, regarding the amount exceeding 1.5 million won in consideration of the minimum cost of living under the National Basic Living Security Act; and the above seizure and collection order was served on the Defendant on January 20, 2014; and A was employed by the Defendant on June 2, 2014 and received the benefits from that time.
However, the above order of seizure and collection is limited to the amount exceeding 1.5 million won per month among the benefit claims against the defendant of A, and there is no evidence to acknowledge that the benefit received by A from the defendant exceeds 1.5 million won per month, and rather, according to the statement of Eul evidence 1, it is recognized that A received the benefit of 1.2 million won per month from the defendant (1,099,901 won where the tax amount is deducted).
Therefore, the plaintiff's above assertion is without merit to further examine.
3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance with different conclusions shall be revoked and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.