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(영문) 서울남부지방법원 2015.04.03 2013가합107394
청구이의
Text

1. The Defendant’s payment order against the Plaintiff in Seoul Southern District Court case 2013 tea1799 dated March 14, 2013.

Reasons

1. Basic facts

A. On November 8, 2011, the Defendant applied for a payment order claiming payment of KRW 100,000,000 against C who had worked as the Plaintiff’s B. On December 5, 2011, the payment order ordering C to pay KRW 100,000,000 was issued on December 5, 201, and the said payment order became final and conclusive on February 10, 2012.

B. On September 6, 2012, upon the above payment order, the Defendant received a seizure and collection order against C’s wage claim against C as Seoul Southern District Court 2012TTT 16926 (hereinafter “instant collection order”), and the instant collection order was served on the Plaintiff on October 8, 2012.

C. On March 14, 2013, based on the instant collection order against the Plaintiff, the Defendant applied for a payment order seeking payment of KRW 141,065,573, which is the sum of the principal collected as Seoul Southern District Court 2013 tea1799, and the delay damages therefor. On March 14, 2013, the Defendant issued a payment order ordering the Plaintiff to pay for delay damages of KRW 141,065,573, and the payment order issued from May 21, 2013 to June 4, 2013, which is the following day after the original copy of the payment order was served. The above payment order was finalized on June 4, 2013.

(hereinafter “instant payment order”). D.

On November 7, 2013, the Defendant received a seizure and collection order against the Plaintiff’s deposit claims against the Bank of Korea (Seoul Southern District Court 2013TTT223) on November 7, 2013. The above order was served on the Bank of Korea on November 12, 2013, and the Plaintiff appealed against this order.

E. C received 1,100,000 won monthly from the Plaintiff as benefits in 2012, and 2,200,000 won monthly in 2013.

C Of the monthly salary received in 2013 by C, 1,200,000 won is a full-time employee allowance received from the Living Sports Council of Seoul, and 1,000,000 won is the central fund received from the National Sports Promotion Foundation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, 10, 11, Eul evidence 3 and 5 (including, if any, various numbers).

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