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(영문) 서울중앙지방법원 2019.12.12 2019가단5006389
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Total amount of claims to indicate basic facts and to be collected: 37,120,223 won (principal: 35,362,815 won; interest: 1,757,408 won) shall be the amount calculated by subtracting the tax due and public charges from the salary (principal salary, allowances, and bonuses) to be received by the garnishee each month from the garnishee until such amount is reached (the remainder excluding the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living under the National Basic Living Security Act; where the amount falls under the amount prescribed by the Enforcement Decree of the Civil Execution Act in consideration of the minimum cost of living for the standard household, and the cost of living for the standard household, the remaining amount after deducting the tax due and public charges from the retirement allowances and honorary retirement allowances, and until such amount reaches that amount, the plaintiff was served on the defendant under the above order to collect performance bonds by the Daegu District Court on April 8, 2009; 205. 37. 29. 15. 206. 29). 3).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Article 246 (1) of the Civil Execution Act provides that "no claim falling under any of the following subparagraphs shall be seized" and subparagraph 4 of the same Article provides that "amount equivalent to 1/2 of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature": Provided, That where the amount falls short of the amount prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act, or exceeds the amount prescribed by Presidential Decree in consideration of the cost of living of standard households, the amount prescribed by Presidential Decree concerned shall apply respectively:

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