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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On May 13, 2016, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) against C’s wage claim and retirement allowance claim against the Defendant as the Gwangju District Court’s 2016TT Branch 2016TT309.
The main contents are as follows:
- Claim Amount: 110,625,810 won [30,200 won (claim based on an executory exemplification of the judgment with executory power in the case of loans claim by Gwangju District Court 72,000,000Hun-Ga 6146] 17,032,822 won (claim based on the executory power in the judgment with executory power in the case of loans claim by Gwangju District Court 2014Ga 13657 wage, etc.)] - The claim to be seized and collected: The amount calculated by deducting the amount of tax and public charges from the amount of benefits received monthly by the defendant (paid, bonus, and other wage claims of similar nature) less the amount of tax and public charges from the amount of one half of the above claim amount until it reaches that amount [Provided, That 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 under the National Basic Living Security Act, the amount remaining after deducting the amount of retirement allowance from the amount of the above claim 1/2) and the amount of living expenses.
B. The instant collection order was served on May 18, 2016 on the Defendant.
C. From April 1, 2016, the Defendant paid C KRW 2,000,00 per month as salary (8 hours per day) but paid KRW 1,00,000 per month as salary from January 1, 208 (4 hours and 30 minutes per day).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including branch numbers where there are branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. (1) The order of seizure and collection is served on the garnishee.