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(영문) 울산지방법원 2018.07.25 2018가단9172
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

The plaintiff is a creditor who has a final and conclusive executive title by filing an application for a payment order of the acquisition money claim with the Seoul Central District Court 2017 tea and 452193.

B On May 24, 2013, the defendant was appointed as the representative director and completed his registration.

On February 1, 2018, the Plaintiff was served on the Defendant on February 6, 2018 upon receipt of a seizure and collection order as to the payment and retirement allowance claim against B by this Court No. 2018TT No. 1111.

[A, 2 and certified copy of register] Article 246 (1) of the Civil Execution Act provides that "no claim falling under any of the following subparagraphs shall be seized." Article 246 (1) 4 provides that "The amount equivalent to one half 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, it shall be the amount prescribed by Presidential Decree respectively." Article 3 of the Enforcement Decree of the Civil Execution Act provides that "The amount prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act" means 1.5 million won per month.

According to the above provisions, if 1/2 of the wage claim, such as wage, falls short of 1.5 million won per month, which is the amount prescribed by the Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act, the amount prescribed by the Presidential Decree constitutes the obligation

However, there is no evidence supporting that the monthly salary or remuneration for the Defendant B exceeds KRW 1.5 million per month in the instant case where the Defendant alleged that the monthly salary or remuneration for the Defendant B exceeds KRW 1.5 million per month.

Then, as seen earlier by the Plaintiff, seizure and attachment against the Defendant.

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